K BANGARAPPADU Vs. STATE OF A P

JUDGEMENT

(1.) The judgment of the Sessions Judge, Vizianagaram, in S.C.No.88 of 1999, dated 2-8-2000, convicting the appellant for the offences under Sections 302 and 201 of the Indian Penal Code and sentencing him to undergo Rigorous Imprisonment for life and to pay a fine of Rs.5,000/- (Rupees Five Thousand Only) in default to suffer simple imprisonment for 6 months and rigorous imprisonment for 5 years and to pay a fine of Rs. 1,000/- in default to suffer simple imprisonment for 2 months respectively and directing the substantive sentences to run concurrently is under challenge in this appeal,

(2.) The appellant is the sole accused. The charges levelled against him are under Sections 302 and 201 of the Indian Penal Code.

(3.) The case of the prosecution, in brief, is that the first deceased by name Bangaramma and the second deceased by name Jogamma were mother and second wife of the accused respectively. The accused was earlier married to Yerukamma (P.W. 4) and divorced later. Even after the divorce with P.W. 4, the accused wanted to continue his relationship with her and when the second deceased did not accept for the same, the accused wanted to annihilate the second deceased on the ground that there used to be frequent bickerings between the second deceased and the accused. In that pursuit, the accused purchased a bottle of pesticide (Endosulphan) from P.W. 7 and administered the same in the curry prepared for the supper. None else, except the mother and the wife of the accused consumed that curry, which resulted in their death. Immediately after noticing their death, the accused informed others that accidentally the curry was poisoned and because of its consumption the 2 deceased died. He himself informed the police by a report under Ex.P-17 and upon such report Crime No. 100 of 1998 was registered under Section 174 of the Indian Penal Code initially. But, after investigation, since the police found that the accused was the real person responsible for the death of the deceased, the sections of law were altered as 302 and 201 of the Indian Penal Code against the accused.