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(per the Hon'ble Sri Justice K.Sreenivasa Reddy) The appellant herein is the accused in Sessions Case No.85/S/2021 on the file of the Special Sessions Judge- cum-IV Additional District and Sessions Judge, Guntur (hereinafter referred to, as 'the Sessions Judge').

2. The appellant/accused was tried for the offences punishable under Sections 354D and 302 of the Indian Penal Code, 1860 (for short, 'IPC') and Sections 3 (2) (va) and 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short, 'the Act, 2015'). Vide the impugned judgment dated 29.04.2022 in the aforesaid Sessions Case, the Sessions Judge found the appellant/accused guilty of the aforesaid charges, accordingly convicted him and sentenced -to death penalty by way of hanging by neck till he is dead and to pay a fine of Rs.1,000/-, in KSRJ & SRKJ CRL.A.NO.190 of 2022 & RT 1 of 2022 default to suffer simple imprisonment for a period of one month, for the offence punishable under Section 302 IPC, subject to confirmation by this Court under Section 366 CrPC; to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.500/- in default to suffer simple imprisonment for 15 days, for the offence punishable under Section 354D IPC; to undergo rigorous imprisonment for life and to pay a fine of Rs.500/- in default to suffer simple imprisonment for a period of 15 days for the offence under Section 3 (2) (v) of the Act, 2015; and to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.500/- in default to suffer simple imprisonment for a period of 15 days for the offence under Section 3 (2) (va) of the Act, 2015.

3. The substance of charges as against the accused is that on 15.08.2021 at about 9.40 am, in front of Sri Srinivasa Vilas Hotel, Kakani Road, Paramayakunta of Guntur town, the accused assaulted by stalking Nallapu Ramya (hereinafter referred to, as 'the deceased') viz. interacted/contacted her repeatedly despite her clear KSRJ & SRKJ CRL.A.NO.190 of 2022 & RT 1 of 2022 indication of disinterest and thereby committed an offence punishable under Section 354D IPC; that on the same date, time and place and during the course of same transaction, the accused committed murder by intentionally causing death of the deceased by means of stabbing her on her stomach, chest and back indiscriminately with a knife and thereby committed an offence punishable under Section 302 IPC; that on the same date, time and place and during the course of same transaction, the accused, not being a member of Scheduled Caste or Scheduled Tribe, committed the abovesaid offence under Section 354D IPC knowing that the deceased is a member of Scheduled Caste-Mala and thereby committed an offence punishable under Section 3 (2) (va) of the Act, 2015; and lastly, that on the same date, time and place and during the course of same transaction, the accused committed the abovesaid offence punishable under Section 302 IPC knowing that the deceased is a Scheduled Caste-Mala community and thereby committed KSRJ & SRKJ CRL.A.NO.190 of 2022 & RT 1 of 2022 an offence punishable under Section 3 (2) (v) of the Act, 2015.

(8) Reddish coloured stab injury with clean cut margins, measuring about 2 x 1 cm x 1 cm deep subcutaneous deep, present 5 cm below the injury No.7."

21. A perusal of the evidence of P.Ws.4 and 14 would go to show that their evidence is consistent with regard to the attack by the accused on the deceased. Nothing has been elicited in their evidence to discredit their testimony. Their presence is natural and probable at the scene of offence at the relevant point of time of the incident. They have no grouse or enmity against the accused to implicate him falsely in a case of this nature. Therefore, their evidence can be placed in the category of 'wholly reliable'. Their evidence is corroborated by the electronic evidence viz. M.Os.7 and 19-Hard disk and CD of CC TV footage recorded in the CC cameras installed in Srinivasa Vilas Hotel at Paramayakunta, Kakani Road, Guntur of P.W.6, which is substantiated from the evidence of P.Ws.6 and 28 and the recitals in Ex.P25-RFSL report KSRJ & SRKJ CRL.A.NO.190 of 2022 & RT 1 of 2022 and M.Os.7 and 19 and Ex.P16-Certificate under Section 65B of the Indian Evidence Act, 1872. It is also quite evident from the evidence of material prosecution witnesses that the accused had taken the extreme step of causing death of the deceased for the reason that the deceased and the accused, became friends on Instagram app, and when the accused proposed the deceased, she was avoiding the accused and his calls and thereafter the deceased blocked the mobile number of the accused. The evidence of P.Ws.4 and 14, coupled with evidence of circumstantial witnesses P.Ws.6, 7, 8, 9, 12 and 13, coupled with M.Os.7 and 19 and Ex.P25, it can safely be inferred that the accused is the assailant of the deceased and caused gruesome murder of the deceased in a broad day light and in a busy market. Basing on the evidence of record, there is no conclusion that can be inferred by this Court except to say that it is the accused who caused death of the deceased. Further, there is also ample evidence on record to establish that the accused interacted/contacted the deceased repeatedly despite her KSRJ & SRKJ CRL.A.NO.190 of 2022 & RT 1 of 2022 clear indication of disinterest, attracting the offence punishable under Section 354D IPC. There is also no dispute that the deceased belongs to Scheduled Caste community and the accused committed the aforesaid offences knowing fully well that the deceased belongs to Scheduled Caste community. The learned Sessions Judge, upon appreciation of the evidence on record, rightly convicted the appellant/ accused and there are no grounds to interfere with the conviction recorded by the learned Sessions Judge.