KOMMLI VINJA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant was convicted for the offence punishable under S. 302, IPC by the Sessions Court, East Godavari Division, in S.C. No. 198 of 1994. His conviction was confirmed by the Andhra Pradesh High Court.

(2.) What has been held proved against him is that on 2-8-1993 at about 7.00 p.m., he assaulted Lakshmi with a knife and killed her on the spot. The prosecution case was that he had developed illicit intimacy with Lakshmi and for about 8 to 9 years they had stayed together as husband and wife. Some months before the date of incident, Lakshmi and the appellant had separated and since then she was staying in a thatched hut near the hut of her father. After separating from Lakshmi, the appellant wanted to join his first wife-Mariyamma but Lakshmi was creating obstacles in his way. That was the reason why he assaulted her on 2-8-1993.

(3.) In order to prove its case, the prosecution had relied upon the evidence of three eye-witnesses. P.W. 2 Polanati Nookarantam did not support the prosecution and was declared a hostile witness. P.W. 1 Mariyamma, the former wife of the appellant did not support the prosecution fully and merely stated that at about 7.00 p.m. on the day of the incident, when she saw P.W.2 running on the road and asked her why she was running like that, she was told by her that the appellant was beating Lakshmi. P.W. 3, the brother of Lakshmi fully supported the prosecution case and both the courts below have accepted his evidence. Relying upon his evidence and the evidence of recovery of knife by the accused in presence of the village Administrative Officer (PW. 5) the trial Court convicted the appellant. The High Court also believed the evidence of P.W. 3 and confirmed the conviction of the appellant.