B GOPAL NAIK Vs. STATE OF A P

JUDGEMENT

(1.) The accused in SC No.565 of 1998 has been convicted and sentenced under Section 302 IPC for life imprisonment arid he has filed this appeal against the order of conviction and sentence. The charge against the accused was that, on the intervening night of 18/19th August, 1998 he had committed murder of his wife by beating her on her abdomen and had strangulated her and on 19-8-1998 at about 7.30 a.m., he tried to cause the disappearance of evidence by taking the dead body of the deceased by keeping it in the dicky of a car. Eventually he was charged under Section 302 and also under Section 201 of IPC. He pleaded not guilty and was tried. Prosecution examined 17 witnesses and exhibited 22 documents. Before going through the arguments of the learned Counsel for the parties let us examine the statements of the witnesses.

(2.) Although PW1 is father of the deceased he has been declared hostile. PW2 has supported the prosecution story. PW2 is a Constable in Adoni Excise Police Station. He stated that he knew the accused and the accused was also working in Adoni Excise Police Station. The accused and his wife were residing by the side of his house. Venkatamma, wife of the accused died on 19-8-1998. On the date of occurrence at about 6.30 a.m., the accused asked him to give Rs.1,000/- as his wife had died. He did not give him any money. At about 7.00 a.m., he went to the house of the accused and saw the deed body of the deceased laying on a cot. He did not enter the house of the accused, he observed the dead body from the door. From there he went to the house of Thirupal Naik who was related to the deceased and informed him about the death of the deceased. From there he went to attend his duty. The accused used to come to his house in a drunken state and beat the deceased. The accused and the deceased used to quarrel with each other.

(3.) PWs.3 and 4 are also relatives of the deceased but they have been declared hostile. PWs.5 to 9 have also been declared hostile. Then comes PW10. He stated that he was working as a Mascn in the house of PW8. The accused was residing in the house of PW8 as a tenant. On the date of occurrence at about 9-00 a.m., he found the accused weeping in the house of PW8. The accused called the witness and PW9 and asked them to assist him in shifting his wife's dead body into the dicky of the car. He found the dead body of the deceased and then they shifted the dead body into the dicky of car.