KHADER BASHA Vs. STATE OF A P

JUDGEMENT

(1.) (Per R.M.Bapat,J.) Originally A-1 to A-3 were charge- sheeted, prosecuted and tried by the II Additional District and Sessions Judge, Cuddapah in Sessions Case No. 359 of 1996 for an offence punishable under Section 302 IPC read with Sections 34, 109 and 201 IPC. On evidence the learned Judge found that the prosecution could not establish the charges against A-2 and A-3 and, therefore they were acquitted. The learned Judge found A-1, the appellant herein, guilty of the offence punishable under Section 302 IPC and convicted him for the said offence and sentenced him to undergo imprisonment for life and also to pay a fine of Rs. 500/- in default to suffer simple imprisonment for a period of two months. Aggrieved by the aforesaid order of conviction and sentence the accused-appellant has filed the present appeal.

(2.) The prosecution, story can be narrated as follows:

(3.) The deceased was the wife of the A-1 and A-2 and A-3 are the mother and stepmother of A-1 respectively. The deceased was married to A-1 15 months prior to occurrence. At the time of marriage, her parents gave 5 tolas of gold jewels and Rs. 10,000/- cash as dowry. Both the deceased and A-1 to A-3 were farmers. It is further the case of the prosecution that the accused and the deceased lived together for some time and subsequently, A-1 pledged the gold jewels with his maternal uncle and spent that amount for his personal expenses. The accused started harassing the deceased to get additional amount from one Papa Saheb, who is the father of the deceased. The deceased went to her father's house and asked Rs. 20,000 to release the gold ornaments which were pledged by her husband. But, the father of the deceased i.e., P.W. 7 expressed his inability to give that amount. Thus, the accused continued to harass the deceased to bring gold jewellery and money. It is further stated that on 18-12-1995 at about 4.00 p.m. in the evening, all the accused with a common intention to kill the deceased, picked up quarrel with her in their house in the village. A-1 is alleged to have hacked the deceased on the left side of the neck with a bill hook. With the result, the deceased came out of the house and raised cries and fell down in the verandah near water tap. Then A-1 came out from the house holding blood stained bill hook through the verandah and A-2 and A-3 also came out from the house P.Ws. 4 and 5 (these witnesses did not support the case of the prosecution while giving evidence) saw the occurrence and proceeded to the deceased where the deceased told them that she was hacked by A-1 with a bill hook. The deceased died with bleeding injuries.