BHOOKYA PARINGYA Vs. STATE OF A P

JUDGEMENT

(1.) This is an appeal by the sole accused in S.C. No.90 of 1995 on the file of the Additional Sessions Judge, Nizamabad. The Trial Court framed a charge against the appellant under Section 302 of Indian Penal Code. Through its judgment dated 1.8.1996, the Trial Court convicted the appellant of the offence under Section 304 Part-11 IPC, and sentenced him to undergo rigorous imprisonment for five years.

(2.) The case of the prosecution was that the deceased Yeshoda was the wife of the appellant. Out of their wedlock, they had a son. Thereafter, the appellant developed illicit intimacy with a woman in the neighbouring thanda (habitat) on the pretext that the deceased was not good looking. He started ill-treating the deceased. Mediations were held by the elders of the accused and the appellant was reprimanded.

(3.) The appellant was working as an employee in the flourmill in the neighbouring village. On the night of 1.2.1994 at about 9.00 or 9.30 p.m., the appellant came to his house from his place of work. By that time, the deceased was sleeping. It is alleged that he has killed her by hitting on her head with a wooden plank. P.Ws.l to 3, the father, mother and brother of the deceased and P.W.5, a resident of the same locality who heard her cries rushed to the house of the appellant. On seeing them, he ran away. Complaint was lodged by PW1 on 2.2.1994 and the Station House Officer, P.S. Machareddy, registered Crime No.11/ 1994 under Section 302 of IPC.. After conducting the inquest, the dead body was sent for post-mortem examination, which revealed that the deceased died due to shock of intra-cranial haemorrhage following head injuries.