TADI SRINU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking to quash the proceedings dated 31.12.2019 in S.C.No.294 of 2019 on the file of V Additional District and Sessions Judge, Rajamahendravaram, East Godavari District.

(2.) The petitioner before this Court is the sole accused, who is alleged to have committed offences punishable under Sections 302 and 201 of the Indian Penal Code.

(3.) The case of the prosecution is that on 20.04.2019 at about 11:30 A.M., LW1 lodged a complaint with the Pamarru Police stating that he is resident of Geddanapalli Village, Katrenikonda Mandal. His parents were blessed with nine children out of which five are female and four are male. The deceased is his elder sister and her marriage was performed with the petitioner. Thereafter the petitioner and the deceased were blessed with one son and one daughter. On 19/20.04.2019 at about 2:00 A.M., LW4 who is son of the deceased telephoned the de facto complainant and informed that the deceased is suffering from gastric pain, for which LW4 called LW8-PRP Doctor to check the health condition of the deceased. On examination of the deceased, LW8 informed that there is no pulse and heart beat to the deceased. Basing on the same, the said report was lodged suspecting the death of the deceased. Accordingly Crime No.96 of 2019 was registered on 20.04.2019 under Section 174 of Cr.P.C. After investigation, on 08.11.2019 Police have obtained final opinion with respect to the death of the deceased from LW17-Medical Officer, in which it was opined that the death of the deceased was due to "Asphyxia Death Due to Ante Mortem Smothering of Airways which is Homicidal in Nature". Basing on the final report issued by the Medical Officer, the Sections of law were altered to 302 and 201 I.P.C. It is stated in the charge sheet that the accused voluntarily confessed that he killed his wife i.e. the deceased by smothering with pillow by suspecting her fidelity. Basing on the same Police have filed charge sheet for the offences punishable under Sections 302 and 201 I.P.C.