KECHACHALA LACHI REDDY Vs. P P , HYD

JUDGEMENT

(1.) The accused/appellant was found guilty for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, "I.P.C.") in Sessions Case No.271 of 2014 vide judgment, dated 22.5.2015, passed by the learned Principal Sessions Judge, East Godavari at Rajahmundry and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/-, in default of payment of fine, to suffer simple imprisonment for a period of six (6) months. Aggrieved by the calendar and judgment imposing conviction and sentence on 22.5.2015, the present appeal is filed under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.").

(2.) The appellant is the sole accused who faced trial for the sole charge under Section 302 I.P.C. The case of the prosecution, in brief, is that Kechchala Lakshmi, W/o.K.Latchi Reddy (hereinafter, referred to as "the deceased") married one Kadaru Rama Krishna of Gokavaram Village about 16 years prior to the incident. She was blessed with a daughter and a son during their wedlock but due to disputes, about three years prior to the incident, she separated from her husband Rama Krishna and returned to her maternal house at Busigudem Village along with her children. The children are studying in a Government School by staying in the Government Hostel where as Latchi Reddy, the accused/appellant, is also a native of Busigudem Village. Prior to his marriage with the deceased, he married twice. His first wife died due to ill-health. His second wife deserted him and married another person. Later, he developed illicit intimacy with the deceased Kechchala Lakshmi and for the last one and a half years prior to the incident, they have been living as wife and husband by attending coolie work. About two months prior to the incident, he developed suspicion about the chastity of the deceased Lakshmi. Thereupon, disputes arose between them and the matter was placed before the village elders. The elders admonished the accused and advised the couple to lead marital life but he did not mend his attitude. On 30.7.2012, at about 3:00 P.M., the accused and the deceased returned home after attending coolie work. Again, the accused/appellant raised a dispute and an altercation took place between them. Consequently, he grew wild and picked up a curved knife (kondapodu) available in the house and furiously hacked on her throat and caused a grave bleeding injury. Immediately, she fell down in the room of their thatched house and died on the spot.

(3.) Upon securing the presence of the accused/appellant, the learned Principal Sessions Judge, Rajahmundry, after hearing the learned Public Prosecutor and the learned counsel for the accused, framed a sole charge against the accused/appellant for the offence punishable under Section 302 I.P.C., read over and explained to him in Telugu. He pleaded not guilty and claimed to be tried.