VADLAKONDA LENIN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29.9.2006 passed by the High Court of Andhra Pradesh affirming the conviction of the accused-appellant under Section 302 IPC and the sentence of life imprisonment imposed on him.

(2.) On 18.4.2003 at about 10.30 a.m. PW 1, Ponnam Pedda Sathaiah, the father of the deceased, filed a FIR in the Maripeda police station stating that he had given his daughter, Vadlakonda Radha, in marriage to the accused-appellant in the year 1999. At the time of marriage a sum of Rs.50,000 was claimed to have been given by the first informant as dowry, inspite of which, according to the first informant, the accused-appellant had been demanding more dowry and on that account committing atrocities on his daughter. In the FIR filed it was alleged that in the early morning of 18.4.2003 the accused-appellant had murdered his wife while she was sleeping and had run away. It was further alleged by the first informant that on coming to know of the incident he rushed to the appellant's house and saw his daughter taking her last breath. Thereafter, he had brought her to the Area Hospital at Mahbubabad but on the way to the hospital she died at about 8.00 a.m.

(3.) On the basis of the aforesaid FIR, a case under section 302 and 304B of the IPC was registered. In the course of the investigation inquest was held on the dead body and the same was sent for post mortem examination. A large number of witnesses were examined and their statements were recorded under section 161 Cr.P.C. On 3.5.2003 the accused-appellant who was absconding was arrested from his house. On the same day at the instance of the accused-appellant PW 15, M. Laxminarayana, the Sub-Divisional Police Officer of Mahabubabad recovered a tapper knife (M.O.6) and a blood stained shirt of the accused (M.O.7).