KAMBALAPALLY YADAGIRI REDDY 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 26.08.2008 passed in S.C. No. 356 of 2005 by the Additional Metropolitan Sessions Judge, Cyberabad. The case of the prosecution, in brief, is as follows.

(2.) P.W. 1, who is the brother of the deceased namely Kanchalapally Vijaya Lakshmi, lodged a report with the Sub Inspector of Police, Yacharam, on 15.07.2005, stating that the deceased was given in marriage to the accused in the year 1992. At the time of marriage, they gave Rs. 80,000/-, one house plot at Ibrahimpatnam and household articles to the accused. After one year of their marriage, the accused and the deceased shifted their residence to Yacharam. Since then the accused started harassing the deceased demanding her to bring additional dowry. In the year 1998, when the accused was constructing a house, they gave Rs. 10,000/- to him. Again about two years back, they gave him Rs. 25,000/-, for payment of due amount in respect of a chit transaction. Even then, the accused continued his harassment towards the deceased for additional dowry. On 14.07.2005 at about 9.00 p.m., the accused picked up a quarrel with the deceased, beat her and dragged her into the house, stating that he would kill her. Though one K. Dasarath Goud and other neighbours tried to pacify him, he did not relent, and at 10.00 p.m., he bolted the doors of the house from inside and beat the deceased. On the next day morning, at about 3.00 a.m., the brother of the accused namely Krishna Reddy called him over phone and informed that the accused killed the deceased by pressing her throat and fled away. Based on the said report lodged by P.W. 1, the S.I. of Police, Yacharam Police Station, registered a case in Crime No. 59 of 2005 for the offence punishable under Section 302 I.P.C. and issued F.I.R. P.W. 9-Inspector of Police took up investigation of the case. He visited the scene of offence, conducted scene of offence panchanama and drew rough sketch of the scene in the presence of mediators. He then conducted inquest over the dead body of the deceased in the presence of mediators and sent the dead body for post-mortem examination. He examined the witnesses and recorded their statements. On 26.07.2005, he arrested the accused and on interrogation, the accused confessed to have beat the deceased and when she fell unconscious, killed her by throttling her neck with a rope. Pursuant to his confession, P.W. 9 recovered M.O. 1-two pieces of rope with which the accused is said to have strangulated the deceased, from the house of the accused. Thereafter, P.W. 9 produced the accused before the Court, which remanded him to judicial custody. After completion of investigation, P.W. 9 filed charge sheet against the accused.

(3.) The Sessions Judge framed charge against the appellant for the offence punishable under Section 302 I.P.C. The appellant pleaded not guilty for the said charge and claimed to be tried.