ORSU VENKAT RAO Vs. STATE OF A P

JUDGEMENT

(1.) The accused was charged under Section 302 IPC for the alleged murder of his wife by name Chilakamma on 4th March, 1993 at about 9.00 p.m. at their house by strangulating with a rope and hanging her to the beam. He was also charged under Section 201 IPC for causing disappearance of evidence by shifting the dead body to his native place in a different village. On trial by the Sessions Judge, Khammam he was convicted under Sections 302 and 201 IPC and sentenced to life imprisonment. On appeal, the High Court confirmed the conviction and sentence and dismissed the appeal. The High Court as well as the Sessions Court, mainly relied on the evidence of two child witnesses- PWs 2 and 16 who were aged six years and ten years respectively on the date of the incident. At the time they gave evidence in the Court, they were of the age of 13 years and 17 years respectively.

(2.) The accused, who belonged to Wyra village in Khammam District of Andhra Pradesh, moved to Garla village with his family for eking out his livelihood by digging the wells. They were living on rent in a portion of the house belonging to PW4s husband who was a teacher. It is the case of the prosecution that the accused used to consume liquor and beat up his wife now and then suspecting her fidelity. On the crucial day i.e. 4th March, 1993, it is alleged that the accused returned home by about 9.00 p.m. after consuming toddy and abused the deceased casting aspersions on her character. When she protested, he dragged her to the middle room of the house where the two children (PWs 2 and 16) were lying on the bed and tied a rope around her neck and placed the rope on the beam about 9 feet above the floor level and hanged her till death. As the children started crying, he commanded them to keep quiet showing a sickle against them. Thereafter, he bolted the door from outside and remained in another room. After sometime, the children raised hue and cry to alert the neighbour. It is alleged that PWs 3 and 4 living in the adjacent portion, after hearing the cries of PWs 2 and 16 that their mother was hanged to death, rushed to the other portion of the house. The accused opened the door and when they went inside they found that Chilakamma was hanging to the beam with a rope tied to her neck. Thereafter, the accused cut the rope and brought the body of Chilakamma outside and she was carried to the Government hospital at Garla by the accused and others. The two sons also accompanied. The Doctor at the hospital declared that she was dead. The accused took the dead body in a jeep to Wyra where the parents of the accused were residing. The accused gave impression to others that she died (committed suicide) on account of fits. The accused sent a message through PW8 to the parents of the deceased in the morning hours of 5-3-1993 that the deceased was hospitalized. PW1-the brother of the deceased Chilakamma, with his parents and others went to Wyra. Having seen the dead body and the injuries thereon, the father of PW1 lodged a report in the police station at Wyra at about 3.00 p.m. on 5-3-1993 in which he stated that he was suspecting his son-in-law-the accused for causing the death of his daughter. The FIR was prepared and the crime was registered by PW21 (Head Constable) who went to the spot and held the inquest over the dead body between 3.30 and 5.30 p.m. In the inquest report, it was noted that the ligature marks were found around the throat of the deceased. During the inquest, PW21 examined the father of the deceased-the informant, his wife and PW1. He sent the dead body to the Government hospital at Madira for postmortem. As the place of occurrence was within the limits of Garla police station, he transferred the case file to Garla police station with a covering letter (Ext. P17) which according to PW19 was received at about 8.00 p.m. on 5-3-1993. Thereafter, PW19-the Sub-Inspector of Garla police station, re-registered the case and took up the investigation. He claimed to have recorded the statements of PWs 2 and 16 on the same day. He examined the father of the deceased and the two children-PWs 2 and 16 at Garla on 6-3-1993 at the house of the accused. From the stage onwards, the investigation was taken up by PW20-the Inspector of Police, Garla Bayyaram. PW20 visited the scene of offence on 7-3-1993 and prepared a rough sketch of the scene. He claims to have re-examined PWs 2 and 16 apart from the informant, his wife and son (PW1), PWs 3 to 6 and three others on 6-3-1993 itself. On the next day, he examined PW8 and others. On 15-3-1993, he filed a requisition before the J.F.C.M., Kothagudem to record the statements of the two sons of the deceased. Accordingly, they were recorded. The accused was arrested on 26-3-1993. At his instance, the two pieces of ropes (M.Os. 3 and 4) placed in a heap of husk within the house were recovered in the presence of panch witnesses. On receipt of lab reports, he filed a charge-sheet on 8-2-1994.

(3.) PW18, the Civil Assistant Surgeon attached to Government Hospital, Madhira conducted postmortem examination of the dead body of Chilakamma. He found bleeding from nose, multiple abrasions over front of right and left elbows and multiple scratches behind left upper arm and elbow. He found a ligature mark around the neck over both sides of upper back portion of the neck. On internal examination, he found the hyoid bone fractured. The upper part of chest wall, esophagus, trachea and both lungs were congested. He collected the viscera from the dead body for examination by experts. He reserved the opinion as to cause of death. On receipt of report from the Department of Forensic Medicine and the Forensic Science Laboratory, PW18 gave the opinion as per Ext. P11 that death was on account of asphyxia due to hanging. He deposed that the ligature marks were ante mortem in nature and that it was not possible to say whether ligature marks were attributable to suicide or homicide. He clarified that the injuries other than the ligature marks cannot be self-inflicted.