Hyderabad: Holding that the extra judicial confession made by the accused is admissible as evidence, the Hyderabad High Court has confirmed the life sentence to two appellants who had killed a woman stole her ornaments.
A division bench comprising Justice P.V. San-jay Kumar and Justice Shameem Akhter was confirming the sentence awarded by the VII additional district and sessions judge, Madanapalle of Chittoor, sentencing M. Manjula alias Vijaya and Manju alias Manjunatha of Karnataka to life im-prisonment for killing Gajula Nagamma of Mangalam for gain on June 12, 2009. The ornaments were worth Rs 90,000
The trial court on February 11, 2011 sentenced them for life. They were acquitted of the charge of theft.
Their counsel contended before the High Court that there was no motive or intention to prove the guilt of the appellants. The brother of the victim had admitted in court that the chain and ring were found on the body on June 13, 2009.
There was no direct evidence and the case was based on circumstantial evidence.
The bench noted the prosecution case was based on circumstantial evidence and on the extra judicial confession made by the appellants before the village revenue officer (VRO).
The bench said VRO U. Srinivasa Rao had deposed that on June 21, 2009, the duo had come to his house and confessed to the about their killing the Nagamma on June 12 and stealing her ornaments.
The bench said, “it can safely be held that the confession was made by appellants as free woman and man without the involvement of police or any other agency which is against them. So, the extra judicial confession made by the appellants is deserving of the highest credit, as it flew from the sense of guilt of appellants.”
The High Court has directed the commissioner of police, Khammam, to conduct an inquiry and submit a report on allegations that the station house officers of Khammam Urban and Khammam I Town police stations had colluded with some persons and were not taking action against them despite pending cases.
Justice Challa Kodan-daram was admitting a petition by Ms Seelam Hymavathi of Khammam who said action had not been taken on Pagadala Mallesh and six others despite three cases of grave offences pending.
Counsel for the home department said the police had filed charge-sheets in two cases, and investigation would be completed in a third case soon.
The judge noted that the affidavit disclosed specific allegations against the SHOs, K. Nagendra Chary and Rahman. The judge directed that the commissioner of police to take cognizance of the allegations and inquire into them. The judge directed the investigation completed as per the provisions of the CrPC.
HC suspends sentence in Owaisi case
The High Court granted interim suspension of sentence of Mohammed Bin Saleh Wahlan accu-sed No. 12 in the attempt to kill MIM MLA Akbaruddin Owaisi.
Justice T. Sunil Chowdary was dealing with an application moved by Wahlan seeking suspension of the sentence of 10 years imprisonment awarded by the trial court.
Counsel for the petitioner said the trial court had awarded punishment to four accused and three of them were in prison, The petitioner was on bail he said and asked for the sentence to be suspended. The judge suspended the sentence and allowed him to continue on bail.
