SEGGASM VEERA BRAHMAMAIH Vs. P P , HYD

JUDGEMENT

(1.) Accused Nos.1 to 3 in Sessions Case No.314 of 2010 on the file of VI Additional District and Sessions Judge, S.P.S.R. Nellore District, preferred this criminal appeal under Section 374 (2) of Criminal Procedure Code (for short "Cr.P.C."), challenging the conviction and sentence passed in calendar and judgment dated 26.02.2015, whereby accused No.1 was found guilty for the offence punishable under Section 302 of Indian Penal Code (for short "I.P.C."), convicted and sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/- in default to undergo simple imprisonment for 15 days. Accused Nos.2 and 3 were found guilty for the offence punishable under Section 302 read with 114 of I.P.C., convicted and sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/- each in default to undergo simple imprisonment for 15 days each.

(2.) The appellants herein were accused Nos.1 to 3 before the Sessions Court and the deceased Seggam Sampurna was the wife of accused No.1 and daughter-in-law of accused Nos.2 and 3. The marriage of Seggam Sampurna was performed with accused No.1 about 3 years prior to 28.11.2008 i.e. date of offence. At the time of marriage, the parents of Seggam Sampurna paid an amount of Rs.1,00,000/- to accused No.1 as dowry. After marriage, she joined with accused No.1 to lead marital life. While so, the marriage of Omkar, brother of accused No.1 was performed. Since then, the accused started harassing Seggam Sampurna both physically and mentally, in the process of harassment, accused Nos.2 and 3 went to the extent of threatening Seggam Sampurna that they would perform the marriage of accused No.1 with another woman.

(3.) About two months prior to the date of death of Seggam Sampurna, accused No.2 beat her with a chappal and did not even allow her to go to her paternal house. On 26.11.2008 accused Nos.2 and 3 picked up quarrel with Seggam Sampurna and beat her indiscriminately. Unable to bear the torture in the hands of the accused, Seggam Sampurna informed the incidents of ill-treatment over phone to her parents. Thereafter, P.W.1 - A.Yedukondalu and P.W.2 - S.Dhanamma, mother of Seggam Sampurna (deceased) went to Gottigundala on 27.11.2008 to settle the dispute amicably and to advise them to lead peaceful marital life. On the same day, they made an effort to settle the dispute and discussed the matter with Seggam Sampurna and accused. On 28.11.2008 at about 06.30 a.m. P.W.1 - A.Yedukondalu and P.W.2 - S.Dhanamma, mother of Seggam Sampurna (deceased) were getting ready to return to their village via Kavali, at that time Seggam Sampurna was cleaning vessels at the water tub in the (front yard of) residential premises, while so, accused Nos.2 and 3 picked up quarrel with Seggam Sampurna. Accused No.1 was breaking firewood logs with an axe in the same premises, who in turn joined with other accused, and all of them started abusing Seggam Sampurna, accused Nos.2 and 3 while abusing instigated accused No.1 that Seggam Sampurna should be killed while uttering the word as "Danni kotti champara" in vernacular language (kill her by beating). On such instigation, with an intention to kill Seggam Sampurna, accused No.1 hacked her on her head with the axe he was holding. As a result, Seggam Sampurna sustained fatal hack injury on her head and died on the spot. However, accused No.1 managed to escape immediately, after causing death of Seggam Sampurna. Accused Nos.2 and 3 also absconded apprehending their arrest by the police. The incident was witnessed by P.W.1 - A.Yedukondalu and P.W.2 - S.Dhanamma, mother of Seggam Sampurna (deceased), directly. As there was heavy rain in the village, there was none to take care of dead body of Seggam Sampurna, and P.W.2 - S.Dhanamma and P.W.3 - S.Malakondaiah were forced to remain in the house of the accused even in their absence and later, P.W.1 - A.Yedukondalu went to Kondapuram Police Station at 06.00 p.m. on 28.11.2008, presented Ex.P.1 - Report about the occurrence. P.W.11 - S.Madhava Rao, Sub-Inspector of Police, received Ex.P.1 - Report and registered the same as a case in Crime No.54 of 2008 of Kondapuram Police Station. On the same day, at about 09.00 or 09.30 p.m. P.W.11 - Sub-Inspector Police, visited Gottigundala Village of Kondapuram mandal, posted a guard at the dead body of Seggam Sampurna at the scene of offence. On 29.11.2008, P.W.9 - M.Rajanikanth Reddy, Inspector of Police, took up further investigation, visited the scene of offence, prepared Ex.P.14 rough sketch of scene of offence, examined P.W.1 - A.Yedukondalu, P.W.2 - S.Dhanamma and P.W.3 - S.Malakondaiah, P.W.4 - G.Lakshamma and P.W.5 - G.Vijayamma, recorded their statements. He also held inquest over the dead body of Seggam Sampurna, Ex.P.2 is the inquest report. P.W.9 - Inspector of Police seized M.O.1 - Axe, M.O.5 - blood stained shirt, and forwarded the dead body of the deceased Seggam Sampurna to Government Area Hospital, Kavali for post-mortem examination. On 01.12.2008, P.W.11 - S.Madhava Rao, Sub-Inspector of police produced accused No.1 before P.W.9 - M.Rajanikanth Reddy, Inspector of Police, he arrested accused No.1, remanded him to Judicial Custody. On 02.12.2008, P.W.9 - Inspector of police, filed a memo to alter the Section of law from 302 read with 34 of I.P.C. to Section 302 read with 114 of I.P.C. vide Ex.P.14 - alteration memo, forwarded the material objects to the FSL, Hyderabad for analysis. On 13.12.2008, accused Nos.2 and 3 surrendered before P.W.9 - Inspector of Police, he arrested them, remanded them to judicial custody. After receipt of Ex.P.12 - Post-mortem report and Ex.P.16 - F.S.L. Report, P.W.9 - Inspector of Police filed charge sheet against the accused for the offence punishable under Section 302 read with 114 of I.P.C. before the Additional Judicial Magistrate of First Class, Kavali, who in turn registered the same as P.R.C.No.07 of 2010 and after complying with Section 207 Cr.P.C., committed the case to the Sessions Division under Section 209 of Cr.P.C. as the offence punishable under Section 302 of I.P.C. is exclusively triable by Court of Sessions. On committal, learned Principal Sessions Judge registered the same as S.C.No.314 of 2010 and made over to the VI Additional District and Sessions Judge, SPSR Nellore, to try and dispose of the same in accordance with law.