GANESH NAGARAJU Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in Sessions Case No. 155/2000 on the file of the Sessions Judge, Khammam, filed this statutory appeal under Section 374(2) Cr.P.C, challenging the legality and correctness of the judgment, dated 15.3.2001, whereby he was convicted under Section 302 IPC and sentenced to undergo imprisonment for life.

(2.) The charge against the accused was that he caused the death of his wife, Parameshwari (for short, 'D1'), and Pattimjayari Jayamma (for short, 'D2') on 18.10.1999 by beating them with an iron rod.

(3.) The facts that are necessary for the disposal of this appeal in brief are that for about six months from before the incident in question, the accused started suspecting the character of his wife. D2 used to advise the accused not to entertain such doubts in his mind. On 18.10.1999 both deceased persons, the accused, P.W. 1, and his brother, Vinod Kumar, went to Bhadrachalam on a pilgrim. They took a room on rent at 1 pm in Vemulavada Choultry. After having a dip in the river Godavari and having "Darshan" in the temple, they went to bazaar. The accused purchased an iron rod of about 2 ft length in the bazaar. Later they returned to the choultry. They slept in the verandah. In the midnight, P.W. 2 heard the sound of iron rod. He woke up. He saw the accused beating D2 with the iron rod on her head and late D1 on her head. On 19.10.1999 he woke up P.W. 1, who was an Endowment Inspector and who was staying in the opposite room on the date of incident, about the incident. P.W. 1 immediately lodged a report-Ex.P1 with the police, on the basis of which P.W. 15 registered a case. P.W. 16 took up investigation. He held inquest over the dead bodies, sent the dead bodies for conducting post-mortem examination, and examined witnesses. On learning that the accused voluntarily gave a confession-Ex.P17 before P.W. 13, he filed a requisition before the learned Executive Magistrate for grant of police custody. In pursuance of a confessional statement made by the accused before the police, the iron rod was seized. Material objects were sent for chemical examination. After completion of investigation, P.W. 16 filed a charge sheet. The accused pleaded not guilty. Prosecution examined 16 witnesses and marked Exs.P1 to P23 besides M.Os. 1 to 11. Defence marked Exs.D1 and D2. The trial Court after considering the evidence on record came to the conclusion that the accused was guilty of murder and accordingly convicted and sentenced the accused as aforesaid by the impugned judgment, aggrieved by which the accused filed the present appeal.