SYED IBRAHIM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this Appeal is to the judgment rendered by a Division Bench of the Andhra Pradesh High Court upholding the conviction of the appellant for an offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC). The trial court had found the appellant guilty of murdering his wife on 10.1.1994. The accused was sentenced to undergo imprisonment for life. Accused challenged the conviction and sentence by filing an appeal before the High Court which was numbered as Criminal Appeal No. 511 of 1997. Initially by order dated 30.4.1998 a Division Bench of the High Court allowed the Appeal. The respondent-State filed an appeal before this Court. Since the order passed by the High Court was practically unreasoned, without expressing any opinion on merits, the judgment was set aside and the matter was remitted to the High Court for fresh disposal. The High Court by the impugned judgment dismissed the appeal confirming the order of the conviction and sentence passed by learned Sessions Judge, Guntur.

(3.) The background facts, as projected by prosecution during trial in a nutshell are as follows: Durbhakula Lakshmi (hereinafter referred to as the "deceased") was living with the appellant (hereinafter referred to as the "accused") since about 15 years and gave birth to two children. On 10.1.1994, at about 10.a.m. while the deceased, her father-Durbhakula Venkateswarlu (PW1), her brother, Durbhakula Ramu (PW2) and her sister, Durbhakula Kumari (PW3) were talking in their house, the accused came there, abused the deceased in filthy language and questioned the deceased as to why she returned to her fathers house without informing him and why she gave information to the Railway Police about his movements. By that time Gopisetty Nagamani (PW6) had reached there. He grew wild, caught hold of her hair and stabbed with a knife causing multiple injuries. When P.Ws. 1 to 3 came to her rescue, the accused fled away from the scene of offence pushing and threatening them with dire consequences. Makkalla Ankulu and Mekala Krishnavenamma (PW4) came out their house and noticed the incident. Mothati Setharavamma and Mekala Venkaiah, who were the immediate neighbours of PW-1 noticed the accused fleeing away from the scene of offence.