GANDLA PANAGARI SAILU Vs. STATE OF A P

JUDGEMENT

(1.) The accused in S.C. No. 384 of 2006 on the file of the VII Additional Sessions Judge, (Fast Track Court), Nizambad filed the present appeal under Section 374(2) of Code of Criminal Procedure, challenging the conviction and sentence recorded by the learned Sessions Judge against the Appellant/accused of the offence under Section 302 of I.P.C. and sentencing him to rigorous imprisonment for life and to pay a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for thee months.

(2.) The brief facts that are necessary for the disposal of the present appeal may be stated as follows:

(3.) The deceased is the wife of the accused. They were married about fifteen years ago. They were having two school going children. The deceased used to quarrel with the accused to give up his bad habits. While so, on 16.6.2006 around 10.30 A.M., a quarrel took place between the deceased and the accused and there was an altercation between both of them. Suddenly, the accused got angry and pushed the deceased to the ground and lifted a bag of potassium weighing about fifty kilo grams and put on the chest of the deceased and then strangulated her, due to which, she became unconscious. Thereafter, the accused locked the house and called his cousin brother Laxman, P.W.7 and tried to shift the deceased to hospital in an auto rickshaw for treatment, but the" deceased died around 1.30 P.M. P.W.1, the brother of the deceased lodged a complaint with the police. Basing on which, a case in crime No. 121 of 2006 was registered for the offence punishable under Section 302 of I.P.C. The Sub-Inspector of Police, P.W.12, examined the witnesses and recorded their statements. He observed the scene of offence, prepared panchanama and rough sketch, held inquest over the dead body of the deceased and sent the dead body of the deceased to post mortem examination to Government Hospital, Bodhan. Thereafter, P.W.13, the Inspector of Police took up investigation and arrested the accused on 20.6.2006 and basing on his confession, 50 kilograms potassium bag was seized. On completion of investigation, he filed the charge sheet.