DARIBOINA RAMESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE appellant herein was convicted under Section 302 of the Indian Penal Code by the learned Sessions Judge, Visakhapatnam In Sessions Case No. 23 of 1987 on his file for causing the death of his wife, Syamala, hereinafter referred to as "the deceased", by strangulating her with the wire of a table fan in the early hours of 4-9-1986 at Marripalem Visakhapatnam and sentenced to suffer imprisonment for life. He was also convicted by the learned Sessions Judge under Section 201 of the Indian Penal Code for causing disappearance of evidence and sentenced to suffer rigorous imprisonment for a period of two years. Both the sentences were however directed to run concurrently.

(2.) THE gravamen of the charge is that the accused-appellant killed his wife by strangulating her and thereafter burnt her body and suppressed the offence.

(3.) THE facts of the case are as follows : The accused is a resident of house No. 38-22-20/a, Green Gardens, Marripalem, Visakhapatnam. He was working as a casual Mazdoor in P and T Department, Industrial Estate, Visakhapatnam. The accused married the deceased Syamala, daughter of Palla Ramulamma of China Waltair, Visakhapatnam. Originally the accused was staying in the house of his brother Daliboyina Govindarao in Marripalem along with his parents. Subsequently lie took a portion of the house of Peethala Apparao's brother situate in Mosque street, Marripalem, Visakhapatnam, and stayed therein for some time. One Bonula Gurumurthy was his neighbour. As the accused suspected illicit intimacy between the deceased and the said Gurumurthy, he immediately shifted his residence to a portion of the house of V. Ramarao and Govindamma, P. Ws. 1 and 2 respectively.