DASAM SURYA NARAYANA MURTHY ALIAS BOSE Vs. STATE OF A P REP BY THE PUBLIC PROSECUTOR HIGH COURT OF A P HYDRABAD

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence passed in S.C.No.40 of 2007 by the Sessions Judge, Mahila Court, Visakhapatnam on 01.02.2008. The appellant herein is the sole accused and he was prosecuted for the offence under Section 302 IPC.

(2.) According to the prosecution the accused married the deceased No. 1 Seshaveni @ Ammaji in the year 1997 and they were blessed with a daughter Gayathri, who is the deceased No. 2. The earnings of the accused are too megre and hence he can not feed his family. Deceased No.1 is doing tailoring work and also Sari printing work at her house, assisting her husband through her earnings. Prior to the occurrence of the incident i.e. in the year 2005 the accused found one of the previous neighbour, who is an unmarried youngster used to visit his house frequently and moving with her in close manner. On one day his daughter, deceased No. 2 also saw the above youngster while kissing her mother and she informed the same to the accused. The accused has a doubt in his mind about the character of the deceased. On one day, he left the house on a plea that he is going to witness Matinee picture, but returned at the middle and witnessed the illicit intimacy of his wife with the above neighbour. Since then the accused developed grudge against his wife. Due to the above incident he lost his concentration on his business, for which his business became dull. On the day of offence i.e. on 12.07.2006 as usual he returned home at 8.30 p.m. from his business, had bath and lunch and closed the doors after having some talk with his neighbour at 10.30 p.m. He had sexual intercourse with his wife and at that time some heated conversations were took place between them about the earnings of the accused since he is not showing much interest on the business and used to stay more days at the house. Their daughter slept on the cot and his wife slept on the floor. Suddenly the accused with an intention to kill his wife due to sexual jealousy he pressed the throat of his wife, and not allowed her to raise any cry. Later, he also wanted to commit suicide but had a second thought that their daughter Gayatri, deceased No. 2 will become an orphan and so he killed her too by pressing her throat. Later, the accused thought that the both are still alive, took two shaving blades from the house and cut their throats from front side. He wrote a letter describing that no body is responsible for their deaths and his dead body will be available either near railway track or in Sea. He also furnished the telephone numbers of his brother-in-law Thota Trumurtulu and also the cell number of P.W.5, co-son-in-law. Since his lunge, which was worn by him at the time of offence, was stained with blood, the same was packed by him in a polythin cover and left the scene of offence by bolting the doors of his house from outside.

(3.) On 13.07.2006 at about 8.30 hours the ground floor neighbour, P.W.2 called the daughter of accused for school, but there was no response and the opposite neighbour called her, but no response. Then as the doors were bolted from outside they peeped through the window and found the dead bodies of both the deceased in a pool of blood. P.W.1 gave a report to Gajuwaka police on 13.07.2006 at 10.00 hours and the same was registered as a case in Crime No. 386 of 2006 under Section 302 IPC. P.W.12 took up the investigation. During the course of investigation, P.W.12 visited the scene of offence at 11.30 hours, got the scene of of fence photographed and prepared observation report in the presence of P.W.7 and another and seized the material objects. He has also seized the death note as well as pocket book containing the writings purported to have been written by the accused and also seized the blood stained pillow, towel along with two shaving blades. P.W.12 held inquest over the dead bodies in the presence of P.W.7 and after completion of inquest sent the dead bodies for postmortem examination. P.W.11, doctor, who conducted the postmortem examination, opined that the death of the deceased due to Asphyxia and pressure on neck associated with cut throat injury on front part of neck. During the course of investigation on 18.07.2006 at 1.30 p.m. the accused was arrested at Satyanarayana Swamy temple situated on the hill of Kasimkota village and his confessional statement was recorded in the presence of P.W.8 and another and the police seized a letter, which was written and kept by the accused in his pocket to post the same to his co-son-in-law. In pursuance of the confessional statement of the accused, his blood stained lunge was also seized from the bushes on the side of railway track at Srinagar before the mediators. The documents seized at the scene of offence and letter seized from the possession of the accused and admitted hand writings of the accused, were sent to FSL for comparison and the hand writing expert opined that the person who wrote the red enclosed writings marked as S-1 to S-13 also wrote the red enclosed writings marked as Q-1 to Q-4. Material objects were also sent for chemical analysis, P.W.10, who analyzed the material objects, opined that the material objects contain human blood and it is of O and B group. After completion of investigation, P.W.12 has filed the charge sheet,