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( Per the Honble Dr.SSRB,J) This Criminal Appeal is filed by the sole accused, Udayagiri Subbarayudu @ Vekataiah @ Akkulaiah, s/o Akkulaiah, native of Pedduru S.T. Colony, Chitvel Mandal, now residing at C.Vaddepalli, S.T. Colony, Chitvel Mandal of YSR Kadapa District, against the conviction judgment of the learned III Additional District and Sessions Judge (F.T.C.), Kadapa at Rajampet, dated 03.01.2011, in Sessions Case No.78 of 2010, under Sections 364, 376 (2) (f) and 302 IPC, with sentence of imprisonment for life for the offence under Section 364 IPC, imprisonment for life for the offence under Section 376 (2) (f) IPC and imprisonment for life for the offence under Section 302 IPC and for each of the three offences, additionally fine of Rs.5,000/- each with default sentence of six months for each and all these sentences shall run concurrently and by giving set off of the period undergone.

6. Heard both sides and perused the material on record and provisions of law and the propositions drawn attention.

7. In deciding the appeal on legality and correctness of the trial Courts conviction judgment and sentence of imprisonment coming to factual matrix of the case in setting the law into motion by the Ex.P1 statement of P.W.1 in registration of Ex.P15-F.I.R. in Crime No.57 of 2009, dated 16.06.2009 at 10.00 A.M. supra, it reads that he is a resident of C.Vaddepalli S.T. colony, Chitvel Mandal and he is an S.T. and he is residing for the past 3 years along with his wife and the deceased at the shed in the field of one Subbarayudu of Kadapa, that on the previous day i.e., on 15.06.2009 at about 6.00 A.M., himself, his wife-Radhamma went for coolly work by leaving their daughter-Sravani deceased at their residential shed and after completion of work, when they reached home at about 11.00 A.M. they found the deceased was not there at house and there from they went in search of the deceased at near by houses and having not found they went from there and searched even in the forest and in their search, they found at about a furlong away and in between the trees in the forest, the jeans pant and shirt of their deceased daughter Sravani, of which buttons of shirt were removed and jeans pant was torn to some extent and there from they searched and found the dead body of the deceased nearby facing sky and from the private parts, blood oozing and they brought the dead body to their residence and informed about the same to their relatives and they being uneducated, buried the dead body by dug a pit. While so, the persons of the village on the date of report on 16.06.2009 morning asked him to inform the police and thereby he came to the police station and gave statement that his daughter was raped and killed by throttling by somebody, hence to take action against the persons who committed the offence and his statement was reduced to writing, according to his say and was read over, which is correct, which is Ex.P1. It is there from, having registered the crime supra covered by Ex.P15-F.I.R. by P.W.12-S.I.of Police, investigation was taken up by Rasool Saheb-P.W.14-Inspector of Police according to their evidence. There is no cross-examination worth in the evidence of P.W.12-S.I. of Police who registered the crime covered by Ex.P1 statement in issuing Ex.P15-F.I.R., but for to the extent P.W.1 did not state about the assailant of the occurrence is the accused in his Ex.P1-statement. The other suggestion denied by him is to P.W.1s coming to the Police Station and giving of statement and reduced it there into writing under Ex.P1 is not correct. P.W.14-Rasool Saheb, Inspector of Police deposed about he received information of the crime registered and came to Police Station collected the copy of F.I.R. at about 10.45 A.M., from P.W.12-S.I., of Police and took up investigation and in the course of investigation, he sent requisition and secured the M.R.O. Chitvel-P.W.10- P.Kanakadurgaiah for exhumation of the dead body of Sravani and proceeded with the M.R.O. to the scene of offence, which is the forest area of C.Vaddepalli, near S.T. colony, the place where the dead body buried and exhumated the dead body by engaging one Kotaiah and P.W.3-Chirajeevi. P.W.3-Chiranjeevi, also deposed about he and his brother Kotaiah exhumed the dead body of the deceased Sravani and there were no clothes on the body of the deceased at the time of exhumation, and that P.W.1 and his wife present, who among others informed there that the deceased was taken away to the forest, committed rape on her and murdered her by the accused. In his cross- examination P.W.3 stated that he has no personal knowledge about the incident and he heard about the incident through others as stated by him and he came to the place for exhumation of dead body on the request of P.W.1 and Police and M.R.O. not examined him regarding the offence. He denied the suggestion of he is deposing falsehood.

24. Having regard to the above, there is nothing to interfere with the trial Courts conviction judgment and also the sentence of imprisonment with fine imposed for said offences and the appeal is therefore, liable to be dismissed.

25. Accordingly and in the result, the Criminal Appeal is dismissed confirming the judgment, dated 03.01.2011 in S.C.No.78 of 2010 on the file of the III Addl. District & Sessions Judge (FTC), Kadapa at Rajampet. Miscellaneous petitions, if any pending in this appeal shall stand closed. ____________________________ DR.SIVA SANKARA RAO, J ________________ J.UMA DEVI, J DATED: 23-12-2017.