THE PUBLIC PROSECUTOR Vs. KONJETI NAGABHUSHANAM

JUDGEMENT

(1.) The sole accused in this case was tried by the Additional Sessions Judge, West Godavari under Section 302, I.P.C for causing the death of one Tedlaptu Peddintlamma alias Peddulamma by stabbing her with a knife at about 8 p.m. on 15-8-60 on the road in Totakuravari street in Tadepalligudem and was convicted under Section 304, I.P.C. and sentenced to undergo six years' rigorous imprisonment. As the accused was acquitted of the charge of murder, the State has filed this appeal.

(2.) Shortly the facts of the case are that the accused was residing in a portion of the house of P.W.8, the mother of Peddulamma, since six months prior to the date of the occurrence. Peddullamma, after the death of her husband, came over to her mother's house and was living with her when an illicit intimacy developed between the accused and Peddulamma. When P.W.10, a rickshawala of Tadepalligudem, saw Peddulamma wearing a necklace, he questions her about it and she told him that it was presented to her by the accused. P.W.12, who works in a coffee hotel at Tadepalligudem, was told by a Tamilian boy that he should be watchful because the accused wanted to do something to him as he was having illicit intimacy with Peddulamma, while in fact he did not know Peddulamma at all. Some six months before the occurrence, the accused had given a beating to Peddulamma while she was washing clothes in a canal on suspicion that she was carrying on with others. P.Ws. 11 and 13, who were there at that time, questioned the accused whether it was proper for him to beat her openly in spite of the fact that she had illicit intimacy.

(3.) At about 8 p.m. on 15-8-60 P.W. 4, accompanied by her grandson, P.W 5 was returning home after giving milk to her Brahmin customer. Peddulamma met them on the way and asked P.W.4 whether she would be able to give out seer of milk for Naidugaru under whom she was working. She asked her to come the next morning promising to give the required milk. When they were proceeding towards their houses, all of a sudden the accused appeared in the opposite direction and stopped Peddulamma. He caught hold of her hair, made her fall down and sat upon her. Peddulamma cried out "Baboi! Baboi!". It appeared to P.Ws. 4 and 5 that the accused was squeezing Peddulamm's neck. P.W.4 raised an alarm saying "She is dying! She is dying! Don't strangulate and kill her." This happened just opposite the public latrines in that street.