B YADAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant is the sole accused in Sessions Case No. 210 of 1988 on the file of Additional Sessions Judge, Nalgonda who was convicted for the offence under Section 3021.P.C. for killing B. Andalu and sentenced to undergo Imprisonment for life and also to pay a fine of Rs. 100/- i/d one month R.I. and also convicted for the offence under Section-302 I.P.C. for killing B.Santhosamma and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 100/- i/d. R.I. for one month. The above sentences were ordered to run concurrently.

(2.) The gravamen of the charge is that on 5-2-1988 in between 10-00 a.m. to 6-00 p.m. at the house of elder sister of the accused at Chada village caused the death of his wife by name Bhushangaboyina Andalu @ Ramakka aged about 22 years and his daughter by name Santhoshamma aged about 3 years by throttling their neck.

(3.) The facts of the ease as deposed by P.W-1 to 5 are that the accused is the brother of P.W-2 and deceased No.1 is the wife and deceased No.2 is the daughter of the accused. The accused came to the house of P.W-2 along with his deceased wife and deceased daughter and stayed in her house. On the date of the incident P.W.-2 prepared the food and took meals to her husband and sons to their field. She asked the accused and Andalu to take food and be in the house. P.W-2 went to their chelka at about 10 a.m. on 5-2-1988. She returned home at about 6 p.m. in the evening. When she returnd home the doors of her house were closed from inside. She called the accused for ten minutes. The accused opened the doors. She went inside and saw the dead bodies o. Andalu and Santhosamma i.e., deceased land 2 on the floor. She enquired the accusec as to what had happened. Then the accused told her that he killed his wife and daughter as his wife refused to convert into Christianity along with him. After some time P.W-1 who was working as Village servant came to the house of P.W-2 after hearing the galata in the village at about 6 p.m. P.W-2 informed him that the accused killed the deceased by throttling the necks. He saw the dead bodies lying inside the house of P.W-2. P.W-2 took the accused into his custody and took him to Panchayat Office. P.W-2 informed the incident to P.W-8 the Sarpanch of the village. P.W-8 went to the house of P.W-2 and saw the dead bodies and after enquiring the matter he prepared a report Ex.P-5 and sent the same to police station through P.W-1. P.W-10 Head Constable of Ramannapet Police Station received the report and registered a case in Cr.No. 15/88 under Section 302 I.P.C. and issued express F.I.R. Ex.P-9. P.W-11 C.I. of police took up investigation from P.W-10. He proceeded to Chada village along with P.W-10 and others and reached the village at 1 am. He went to the scene of offence during that night and as it was dark he could not proceed with further investigation. He found the accused at Panchayat Office guarded by village servants. He conducted inquest over the bodies of D-1 and D-2 on 6-2-1988 from 7-00 a.m. to 8-45 a.m. Ex.P-6 is the inquest report conducted over the dead body of the wife of the accused.i.e., Andalu. Thereafter he conducted inquest over the dead body of the child from 9 a.m. to 10.30 a.m. Ex.P-7 is the inquest report. The above inquests was conducted in the presence of P.W-9 and others. He conducted scene of offet.ce panchanama Ex. P-8 in the presence of P.W-9 and another. Heprepared the sketch map for the scene of offence Ex.P-14. P.W-7 Civil Assistant Surgeon, Ramannapet conducted post-mortem examination over the body of Andalu on 6-2-1988 from 1-40 p.m. to 5.30 p.m. He opined the cause of death was due to Asphyxia as a result of throttling. Ex.P-2 is the post-mortem report. He also conducted post-mortem over the dead body of Santoshamma from 5-30 p.m. to 6-45 p.m. He opined that the death was due to Asphyxia as a result of throttling Ex.P-4 is the post-mortem report. Thereafter the accused was arrested on 6-2-1988. After completion of investigation the charge sheet was filed by P.W-11.