P PRAMOD @ SHANKAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant has been convicted under section 302 I.P.C and sentenced to life imprisonment. A fine of Rs.1000.00 has also been imposed, in default of payment of fine he has to suffer simple imprisonment for six months. The allegation on the basis of which charge has been framed against the appellant-accused was that, on 4th March,1997 at about 10.00 hours at Danavaigudem village he caused the death of Santhoshimatha by throwing her into N.S.P canal water and thereby committed an offence punishable under section 302 IPC. He pleaded not guilty and claimed to be tried. 10 witnesses were examined and 8 documents were exhibited.

(2.) The case of the prosecution was based on a report given by Annabathula Vijaya (PW1) on 4-3-97 at 1900 hours. In her complaint she stated that, in the month of March, 1992 she had married one Iqbal who was working in FCI godowns, Khammam. He was transferred to Srikakulam and she accompanied him. At Srikakulam her husband had developed illicit relations with another woman and neglected her and therefore she returned to her parents' house and at that time she was pregnant. Subsequently she gave birth to a child who was named Santoshimatha. After her birth she herself developed illicit relations with the accused and the same was known to her parents who were against her relations with the accused. On the Vinayakachavithi day the accused went to her parents and requested them to give him the complainant Annabathula Vijaya in marriage. Her mother refused and beat the accused. Thereafter on one day the accused took her to his house where he expressed that the child became an obstacle in their marriage. On 4-3-97 at about 0900 hours while she was at her house the accused came and asked her, with evil motive to kill the deceased, to come to Pandurangapuram along with her daughter Santhoshimatha. He engaged an auto and after boarding the auto he told her that they would go to Danvavaigudem to have discussions. After passing Danavaigudem park, near Railway bridge under N.S.P. canal they got down and sent back the auto. After that the accused asked her to follow him to N.S.P canal bund to have a talk and after they reached the canal bund the accused suddenly threw her daughter into the flowing water saying that the deceased had become an obstacle to their marriage. When she tried to resist, the accused kicked her on her stomach and threatened her with dire consequences. She got down from the canal bund and came to Khammam on a tractor and informed the incident to her mother. Then she and her mother went to her father. All of them went to N.S.P canal where the child was thrown. They went along the canal searching for the child and when they reached UPH colony they came to know that a child was brought out while floating in the water and she was taken to Headquarters hospital. Then they went to the hospital where they found the child dead.

(3.) P.W.1 is the complainant. She stated whatever she had stated in her report to the police. She stated that, she got acquaintance with the accused about 2 months prior to the death of her daughter. One day the accused had come to their house and asked her mother to permit him to marry the witness. Her mother was against such marriage. She asked the accused not to come to their house. The accused threatened to kill the witness and her daughter. After three days he again came and requested the witness to come to his house as his mother was sick and bedridden. The accused was living at Pandurangapuram of Kammam town along with his mother. On his request, at 9.00am she accompanied him to his house along with her child. He took an auto and stopped the auto near the bridge of N.S.P canal. She asked him as to why he had brought her to canal instead of taking her to his house. He said that he wanted to marry her. Then he forcibly took her child from her and threw the child into the canal where there was flowing water. She was not allowed to go and rescue her child. He kicked her. She was afraid that he would kill her also. Therefore, she ran away from his clutches. She went to the Rural police station, Khammam and lodged a complaint. Ex.P1 was the complaint. In the cross-examination she stated, as per muslim customs and rites Nikha was performed between him and her husband Iqbal. She had not changed her name after she married Iqbal. The marriage had been performed at the house of sister of Iqbal at Hyderabad. Her marriage with Iqbal was first marriage. She had again married one Mahesh and she was presently his wife. Mahesh was a Taxi Driver. Iqbal was visiting her parental house now and then prior to marrying her. Iqbal was residing in a house on rent which was nearer to the house of her parents. Her parents had given their consent for marrying Iqbal. She had stayed for 5 months with Iqbal at Srikakulam when Iqbal was transferred to Srikakulam. The accused was also their neighbour. He was a scavenger by profession. Their acquaintance started when the accused started coming to their house. Along with her mother she used to go to the house of the accused to work as a servant. She was paid Rs.60.00 for cleaning the house and keeping it in order. She stated that there was no illicit intimacy between her and the accused.