KUKKAMUDI JOHNSON Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence passed in S.C. No. 220 of 2006 by the Session Judge, Manila Court, Vijayawada on 26-2-2008. The appellant herein is the sole accused and he was prosecuted for the offence under Section 302 IPC.

(2.) According to the prosecution the deacesed Kukkamudi Bharthi is the wife of the accused and she is having illicit contact with a lorry broker by name Yohan (P.W. 7) since some time. The accused knowing the same, warned the deceased not to allow him to his house, but the deceased did not change her attitude and P.W. 7 was frequently visiting the house of the deceased in the absence of the accused. On 7-9-2004 at about 3.00 p.m. P.W. 7 visited the house of the deceased in the absence of the accused, while the deceased and P.W. 7 were on the cot in the house, the accused came to his house and found them, in the room by keeping the doors closed without latching. The accused pulled P.W. 7 and manhandled him. Out of fear, P.W. 7 ran away from the scene. Then the accused picked up a chutney pounder and hit the deceased on her shoulders, knees, ankles and head. P.Ws. 3, 4 and another heard the alarm from the house of the accused and rushed to the scene of offence and found the accused beating his wife and they tried to prevent the accused, but the accused threatened them by saying that it was their family affairs. However P.W. 3 pulled the chutney pounder from the accused, thereafter the accused fled away from the scene of offence. On 7-9-2004 at about 15.30 hours, P.W. 11 has received a telephone call from a stranger about the accused beating his wife in his house and he deputed P.W. 10, Home Guard, in Rakshak Mobile and he visited the scene of offence and shifted the deceased to the Government General Hospital and admitted her for treatment. Thereafter, P.W. 11 rushed to the Government General Hospital and recorded the statement of the deceased and registered the case in Crime No. 247 Of 2004 under Section 324 IPC and took up the investigation. He also recorded the statement of the deceased under Section 161 Cr.P.C. at 17.00 hours. On the same day at 22.00 hours he received the death intimation from Government General Hospital and altered the section of Law from Section 324 IPC to Section 302 IPC. Thereafter, P.W. 12 took up the investigation, visited the scene of offence, conducted the scene of offence panchanama, held inquest over the dead body of the deceased and sent the dead body for postmortem examination. Doctor, P.W. 8, who conducted the autopsy over the dead body of the deceased opined that the death was due to head; injury. On 11-9-2004 P.W. 12 arrested the accused and sent him to judicial custody and forwarded the material objects to R.F.S.L. and on receipt of the report, he has filed the charge sheet against the accused.

(3.) The learned Sessions Judge has framed the charge under Section 302 IPC against the accused and he pleaded not guilty for the said charge framed against him.