M NAGESHWAR RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal by grant of special leave is directed against the judgment and order dated September 13, 2007 passed by the High Court of Andhra Pradesh in Criminal Appeal No. 1009 of 2005. The High Court allowed the government appeal, reversed the judgment of acquittal passed by the trial court, found the Appellant guilty of the charge of killing his wife Laxmi Kumari by giving her cyanide in cold drink and, accordingly, convicted him under Section 302 of the Penal Code and sentenced him to rigorous imprisonment for life and a fine of Rs. 1,000/- and in default of payment of fine, simple imprisonment for 3 months.

(2.) The basic facts of the case which are admitted or are at any rate undeniable need to be stated in the sequence in which those facts were unfolded. The Appellant and Laxmi Kumari got married on April 30, 2000.After marriage they came to live in a rented house at Yellareddiguda, Hyderabad. The Appellant and his wife lived on the first floor and the remaining portion of the house was occupied by its owner. The Appellant had a graduate degree in Engineering and a diploma in Computer. He worked as a faculty member in Harica Information, situated at Rehamath Complex, Amarpreet, Hyderabad, and he also gave coaching to students in another computer centre. He was earning a salary of about Rs. 20,000/- per month.

(3.) On September 2, 2000 in the afternoon the landlady, Saroja (PW7) received a telephone call asking for Laxmi Kumari. She went to the portion of the house where she lived and found her there lying on a chair. Then, with the help of her maid servant (PW3), she got her shifted to Mythri Hospital. After some time her husband, the Appellant also reached there.