UPPALA BIXAM @ BIXMAIAH versus THE STATE OF ANDHRA PRADESH

Citation: [2018] 12 S.C.R. 600 · Decided: 11-10-2018 · Supreme Court of India · Bench: R. BANUMATHI · Disposal: Appeal(s) allowed

Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 12 S.C.R.
UPPALA BIXAM @ BIXMAIAH
v.
THE STATE OF ANDHRA PRADESH
(Criminal Appeal No (s). 1548 of 2010)
OCTOBER 11, 2018
[R. BANUMATHI AND INDIRA BANERJEE, JJ.]
Penal Code, 1860: ss. 302 and 201 – Murder – Prosecution
case that a shepherd took his sheeps for grazing and did not return
home – On basis of confessional statement of appellant, recovery
of the dead body of the shepherd and sheeps – Conviction of
appellant u/ss. 302/201 and imposition of life imprisonment by the
courts below – Sustainability of – Held: Prosecution case needs to
be examined whether the circumstances are established and that
they form a complete chain in establishing the guilt of the accused
– On facts, death of the shepherd was homicidal – No evidence to
show that the sheep recovered from the witness carried any distinct
mark so as to identify the same as which belonged to the deceased
–Circumstance of recovery of the dead body allegedly based on the
alleged confessional statement may raise a suspicion against the
appellant that he might be involved in the incident but mere suspicion
itself cannot take itself the place of proof – There is a wide gap
between ‘may be’ and ‘must be’ – Thus, the conviction u/s.302/201
not sustainable more so, when the motive attributed for the murder
has been theft of the sheep, and appellant has been acquitted of
the same – Thus, the order passed by the High Court set aside.
S.D. Soni v. State of Gujarat (1992) Supp 1 SCC 567;
Venkatesan v. State of Tamil Nadu (2008) 8 SCC 456;
Raj Kumar Singh alias Raju Alias Batya v. State of
Rajasthan (2013) 5 SCC 722 – referred to.
Case Law Reference
(1992) Supp. 1 SCC 567
referred to
Para 6
(2008) 8 SCC 456
referred to
Para 6
(2013) 5 SCC 722
referred to
Para 10
600
[2018] 12 S.C.R. 600
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CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No. 1548 of 2010.
From the Judgment and Order dated 27.02.2006 of the High Court
of Judicature, Andhra Pradesh at Hyderabad in Crl. Appeal No. 479 of
2004.
Annam D. N. Rao,  A. Venkatesh,  Rahul Mishra,  Advs. for the
Appellant.
S. Udaya Kumar Sagar, Mrityunjai Singh, Mrs. D. Bharathi Reddy,
Advs. for the Respondent.
The Judgment of the Court was delivered by
BANUMATHI, J.: 1. This appeal arises out of judgment and
order dated 3rd July, 2015 passed by the High Court of Punjab and Haryana
at Chandigarh in Andhra Pradesh at Hyderabad in Criminal Appeal
NO.479 of 2004 in and by which the High Court has affirmed the
conviction of the appellant under Section 302 I.P.C. and also Section
201 I.P.C. and sentence of life imprisonment imposed upon him.
2. As per prosecution case, on 27.01.2000, deceased-Ramesh, a
shepherd, took his 19 sheep for grazing in the outskirts of Beebigudem
village; but did not return home.  On 28.01.2000, while PW-1 and his
family members were searching for the deceased, they found three sheep
in possession of Shaik Naseem (PW–9) who informed them that Lingaiah
(PW-5) had sold him those sheep. When they made enquiries from
Lingaiah (PW-5), whereupon he informed them that the appellant-Uppala
Bixam had sold those sheep by receiving an advance of Rs. 100/- from
him. On 29.01.2000, appellant-accused was arrested and a case
registered against him under Section 379 of the Indian Penal Code.  In
course of investigation the appellant allegedly confessed to the crime of
murdering the deceased, after which a Case was registered against the
accused under Sections 302/201 I.P.C. as well.  It is the case of the
prosecution, based on the confessional statement made by the appellant-
accused, that the dead body of the deceased was recovered from under
a culvert.
3. Upon consideration of the evidence, in particular, the evidence
of recovery of the sheep and that recovery of the dead body of the
deceased-Ramesh on the basis of the alleged confessional statement of
the appellant (which had been denied by the appellant under Section 313
of the Criminal Procedure Code), the Trial Court convicted the appellant
under Section 302 I.P.C. and sentenced him to undergo life imprisonment.
UPPALA BIXAM @ BIXMAIAH v. STATE OF ANDHRA PRADESH
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SUPREME COURT REPORTS
[2018] 12 S.C.R.
For the conviction under Section 201 I.P.C. the appellant was sentenced
to undergo imprisonment for a period of six months.  The conviction and
sentence of imprisonment of the appellant was affirmed by the High
Court.
4. We have heard learned counsel for the parties and also perused
the imp

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