KARRI THIRUPATHI Vs. STATE OF A.P

JUDGEMENT

(1.) THIS criminal appeal is from the judgment dated 05.11.2007 passed by the II Additional Sessions Judge (Fast Track Court), at Parvathipuram in S.C.No.148 of 2007.

(2.) THE appellant was tried by the learned Sessions Judge for the offences under Sections 498-A and 302 of IPC. THE appellant was acquitted of the offence under Section 498-A of IPC. He was found guilty of the offence under Section 302 of IPC, was convicted for the said offence and sentenced to undergo imprisonment for life and to pay a fine of Rs.500/- in default to suffer simple imprisonment for a period of three weeks.

(3.) WHILE so, on the night of 20.06.2007 the appellant quarrelled with the deceased at his house. As usual on the next day i.e. on 21.06.2007 PW-4 went to the school while PW-3 was at the house with his parents. The appellant as usual picked up quarrel with the deceased at about 10 a.m. and asked PW-1 to go to the liquor shop and bring a brandy bottle for him, despite serious objection took by the deceased. As the appellant threatened to beat PW-3, PW-3 being afraid of him, received an amount of Rs.30/- from the appellant and went to the wine shop in the village, there he purchased a brandy bottle and returned home within 15 minutes. He pushed the front doors of the house, but found them bolted from inside. He called her father and mother and as there was no response, he went to the rear side of the house which was also kept closed. He pushed the doors of the house, went inside the house and found her mother lying on her back and the saree was tied around her neck. He called her mother by touching her body and as there was no response, he by observing the body of her mother closely, realised that she died. Thereafter, he came outside and cried that his father killed his mother. The neighbours gathered and they also found the dead body of the deceased in the house. All of them thought that it was the appellant who killed the deceased as he was suspecting her fidelity.