ATMAKURI NARAYANA Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, is filed questioning the conviction and sentence imposed against the appellant herein, by judgment dated 20-2-2008 passed in S.C. No. 41 of 2007 by the IV Additional Sessions Judge (Fast Track court-III), Khammam. The case of the prosecution, in brief, is as follows:

(2.) The marriage of the deceased namely Yellamma, who is the daughter of P.W. 1, was performed with the accused about twelve years prior to the incident and they led marital life at Royyuru Village, Eturunagaram Mandal, Warangal District. They were blessed with two sons and a daughter. The accused got addicted to vices such as consuming liquor and playing cards since six years prior to the incident, and used to harass the deceased to give him money earned by her by attending to coolie work, The deceased, unable to bear the harassment of the accused, left to her parents house along with her children. In the caste panchayat held, the accused assured to look after her well and brought her back to his house, but did not change his attitude and continued his harassment towards her. Therefore, about three months prior to the incident, the deceased again went to her parents' house at Korekal. Five days thereafter, the accused also joined her at Korekal and they started residing in the house of one Balusupati Yerra Samaiah and eking out their livelihood by doing coolie work. At that time, the accused developed suspicion on the fidelity of the deceased and decided to do away with her life. On 14-5-2005, after having dinner, he picked up a quarrel with the deceased on the pretext that she is not returning to his village. He made their children sleep on a cot. Thereafter, he slept with the deceased on another cot at the backside of the house. In the midnight, while the deceased was sleeping, he hacked her with an axe on her head and ran away to his village Royyuru, by throwing the axe in the bushes on the way. On hearing the cries of the deceased, P.Ws. 1 and 2, parents of the deceased, woke up and found the deceased with bleeding injury on head. Immediately, she was shifted to Government Hospital, Bhadrachalam, and while undergoing treatment in the said hospital, she succumbed to the head injury on 17-7-2005. On the report lodged by P.W. 1, P.W. 6 Assistant Sub-Inspector of Police, Peruru Police Station, registered a case in Crime No. 6 of 2005 for the offences punishable under Sections 302 and 498-A IPC and issued FIR P.W. 6 examined P.W. 1 and recorded his statement. P.W. 13-Sub-Inspector of Police took up further investigation in the case. He conducted inquest over the dead body of the deceased in the presence of P.W. 10 and one L. Venkata Narsaiah (LW. 12), under Ex.P-7 inquest report, examined and recorded the statements of P.Ws. 2, 3 and others. He then sent the dead body of the deceased for postmortem examination. Thereafter, P.W. 12 Inspector of Police took up further investigation, examined and recorded the statements of P.Ws. 4, 9 and one Suvartha (L.W. 11). He observed the scene of offence, drafted Ex.P-4 scene of offence panchanama and seized controlled earth and bloodstained earth from the scene of offence under cover of crime details form, in the presence of P.W. 7 and one Lalaiah (L.W. 18). On 11-7-2005, he apprehended the accused and pursuant to the accused confessing to the commission of offence, seized M.O. 1 axe used in the commission of offence, from his house, in the presence of P.W. 8 and one Srinivasa Rao (L.W. 20). He then forwarded the material objects to the RFSL, Warangal, for analysis. After receipt of postmortem examination report and RFSL report ad after completion of investigation, he filed charge sheet against the accused.

(3.) The Sessions Judge framed charges against the appellant-accused for the offences punishable under Sections 302 and 498-A IPC. The appellant-accused pleaded not guilty for the said charges and claimed to be tried.