UPPUTHOLLA SRINIVASA RAO 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 17-11-2008 passed in S.C. No. 250 of 2008 by the I Additional Sessions Judge, Guntur. The case of the prosecution in brief is that the accused is a resident of Atmakuru village. He is the husband of P.W. 2, who is the daughter of the deceased and P.W. 1. The marriage of P.W. 2 was performed with the accused about 16 years back. After marriage, P.W. 2 joined the accused to lead marital life at his native village, Atmakuru in Durgi Mandal. Out of the wedlock, the accused and P.W. 2 were blessed with two male children. Since the date of marriage, the accused is alleged to have been harassing P.W. 2 coming home in drunken condition. The deceased, on coming to know about the harassment, advised the accused not to harass P.W. 2, but the accused did not heed her advice and continued the harassment. About one year back, the deceased, to protect P.W. 2 from the harassment of the accused, brought her to her house at Macherla. The deceased got P.W. 2 employed in KCP Cements factory at Macherla, so that she can live on her own earnings. After P.W. 2 got employment, the accused came over to Macherla and started living with her in the house of the deceased. About six months prior to the incident, the accused asked P.W. 2 to come along with him to their village, but the deceased refused to send P.W. 2 to lead marital life with him. Accused grew wild and left to his native village, leaving P.W. 2 and their two children in the house of the deceased.

(2.) The deceased, to protect the interest and welfare of the children of P.W. 2, kept Rs. 50,000/- in fixed deposit in their names and made P.W. 2 their guardian. On coming to know about the amount kept in fixed deposit, the accused, about one month prior to the incident, came to Macherla and demanded P.W. 2 and the deceased to withdraw the fixed deposit and pay the money to him, for which the deceased and P.W. 2 refused. Therefore, the accused bore grudge against the deceased and decided to kill her.

(3.) On 3-8-2006, at about 12.15 p.m., while the deceased along with P.W. 1 was returning home from KCP Cement factory, carrying dry sticks over her head, and when they reached Microwave Station, the accused, who was armed with knife, followed the deceased, attacked and stabbed her with the knife indiscriminately on the left side of her neck, chest and body, and as a result of the injuries sustained by her, the deceased died instantaneously. When P.W. 1 raised cries, the accused threatened him and escaped from the place. P.W. 2, who was attending to her work, and P.Ws. 3 and 4, who were near the Microwave Station, witnessed the incident. They tried to catch hold of the accused, but in vain. On the same day at about 2.00 p.m., P.W. 1 went to Macherla Town Police Station and presented Ex.P-1 report to P.W. 7 Sub-Inspector of Police, who in turn registered the same as Crime No. 76/2006 for the offence punishable under Section 302 IPC and submitted original FIR to the court. Thereafter, P.W. 10 Inspector of Police took up investigation of the case. He inspected the scene of offence and seized blood stained earth, controlled earth and a pair of footwear under a cover of observation report, in the presence of P.W. 6 and one Challa Goipala Krishnamurthi (L.W. 7). He got the scene of offence photographed by P.W. 5. Thereafter, he prepared rough sketch of the scene of offence under Ex.P-7. He held inquest over the dead body of the deceased in the presence of P.Ws. 6 and 9, under Ex.P-4. He examined and recorded the statements of P.Ws. 1 to 4. Thereafter, he sent the dead body of the deceased to Government Hospital, Macherla, for conducting post mortem examination. P.W. 8-Doctor, having conducted autopsy over the dead body of the deceased, issued Ex.P-6 post- mortem examination certificate, opining the cause of death of the deceased as due to multiple injuries. Thereafter, P.W. 10 arrested the accused near Railway station, Macherla, on 13-8-2006, and sent him for remand, After completing the investigation, he filed charge sheet against the accused.