MARISAA ADINARAYANA Vs. STATE OF A.P.

JUDGEMENT

(1.) Aggrieved by the conviction and sentence passed by the Sessions Judge, Mahila Court, Visakhapatnam under the Calendar and Judgment in Sessions Case No.58 of 2012 dated 30.10.2012, finding the accused guilty for the offence punishable under Section 302 of the Indian Penal Code (for short I.P.C) and sentencing him to undergo rigorous imprisonment for life and pay fine of Rs.100/- with default sentence, the present appeal is filed under Section 374 (2) of Criminal Procedure Code (for short Cr.P.C).

(2.) The case of the prosecution in brief is that the accused married one Rani during the year 1994, blessed with two children by name Varshitha and Bhavani. Due to physical and mental harassment, caused by the accused to his wife Rani, she lodged a complaint with the police for the offence punishable under Section 498-A of I.P.C in Kancharapalem Police Station and that the police arrested the accused, remanded him to judicial custody and later filed charge sheet, but the same ended in acquittal. The accused deserted his first wife with two children. Later in the year 2004, the accused married one Padma who is a widow having two daughters. After few years of their conjugal life, the accused started harassing Padma physically and mentally, suspecting her character, decided to kill Padma and the same was proclaimed before the daughters of Padma i.e. M. Jayasri P.W.3) and M. Divya (L.W.6).

(3.) The accused went to Sabarimala on 12.12.2011 and returned on 17.12.2011. By that time M. Jayasri (P.W.3) and M. Divya (L.W.6) were not present in the house as they went to Rajahmundry to attend a marriage function. On 18.12.2011 in the early hours at about 3:30 am, while Padma is preparing to go to Rajahmundry, as nobody present in the house, the accused, taking advantage of her loneliness, decided to kill Padma, demanded her not to go to Rajahmundry, but Padma refused to heed the words of the accused. Immediately there was a wordy altercation took place between the accused and Padma. In the said altercation, the accused fisted her with hands on head and also kicked her on the stomach with right knee, fisted with hands on her stomach and on receipt of those injuries, she died on the spot.