BANDI VENKATESWARLU Vs. STATE OF A P

JUDGEMENT

(1.) THE appellant-accused filed the Criminal Appeal questioning the judgment dated 24-03-2008 passed in S.C. No. 223 of 2010 by the VI Additional District and Sessions Judge (Fast Track Court-I), Markapur, Prakasham District, convicting him and sentencing him to undergo imprisonment 'or a period of ten years for the offence under Section 307 I.P.C. and sentencing him to death for the offence under Section 302 I.P.C. While the referred trial, under Section 366 Cr.P.C. is sent by the VI Additional District and Sessions Judge, for confirmation of sentence of death imposed by him against the appellant- accused for the offence under Sectiorf 302 I.P.C.

(2.) THE case of the prosecution, briefly stated is that P.W.I, namely Bandi Rama Devi is a native of Gannepalli village, Ardhaveedu Mandal. She was given in marriage to the elder brother of the accused, namely Bandi Srinivasulu, who is working in Army at Nasik. They were blessed with two children-deceased, namely Pallavi and Jaswanth, who were aged 3 years and eight months respectively. P.W.I is residing in her inlaws house at Ardhaveedu. The accused is also residing in that house. Two months prior to the incident, the wife of the accused, unable to bear his harassment, deserted him. On 02-02-2009, at about 8.10 p.m., while P.W.1 was cleaning the utensils, the accused suspecting her fidelity, picked up a quarrel and with a view to kill her and her two children, beat her on her head with a pestle. As a result of the head injury, P.W.I fell on the ground. On hearing the cries of P.W.1, her mother- in-law and neighbours, namely P.Ws. 6 and 7 and 8, rushed to the scene of offence. P.W.5 also rushed to the scene of offence, and with a view to rescue P.W.1, he snatched the pestle from the hands of the accused. The accused then picked up an axe from the verendah and beat her with its stick indiscriminately. He also beat the daughter of P.W.1, aged three years on her head with the axe stick and caused bleeding injury. On seeing the same, P.W.6, the mother of the accused, took the son of P.W.I, namely Jaswanth, eight months old, into her hands to protect him from the hands of the accused. The accused snatched the boy from the hands of his mother and beat him with the axe stick indiscriminately and forcibly threw him on the floor hitting his head. P.W.3 and 4, the neighbours, with a view to save the lives of P.W.I and the two children, shifted them to Government Hospital, Cumbum. The accused fled away from the scene of offence by taking the axe as well as the pestle from the hands of P.W.5. Both the children succumbed to the injuries on the way to hospital. P.W.1 was shifted to the Government Hospital, Guntur, for better treatment. As she sustained severed injuries on her head, she was ultimately taken to Peoples Trauma Hospital, Guntur, for further treatment. On the same day, at about 8.00 a.m. P.W.7 gave statement before S.I. of Police, Ardhaveedu, about the incident. Basing on the same, P.W.18 registered a case in Crime No.12 of 2007 under Section 307 I.P.C. and submitted the FIR to the Judicial Magistrate of First Class, Giddalur. He also examined P.Ws. 7 and 9 and recorded their statements. He then proceeded to the scene of offence and prepared observation report in the presence of mediators, namely P.Ws. 9 and 10. He also seized controlled soil, blood stained soil, broken bangle pieces and prepared a sketch of the scene of offence and got the scene of offence photographed through L.W.10. On the same day, on receipt of information from Community Health Centre, Cumbum about the death of the two children, he added Section 302 I.P.C and issued altered FIR. Thereafter, P.W.15-Inspector of Police, Markapur, took up investigation. He examined P.Ws. 2 and

(3.) THE learned Sessions Judge framed charges against the appellant-accused for the offences punishable under Sections 307 and 302 IPC. The appellant-accused pleaded not guilty for the said charges and claimed to be tried.