GORIKEPUDI SUBBA RAO Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in Sessions Case No.390/1997 on the file of the II Additional District and Sessions Judge, R.R. District, is the appellant. The learned Sessions Judge convicted him under Section 302 I.P.C. and sentenced him to suffer imprisonment for life and to pay a fine of Rs.500.00 and in default of payment of fine to suffer simple imprisonment for three months.

(2.) The gravamen of the charge against the accused was that he committed the murder of Venkateswaramma @ Rajani by throttling her on 28-4-1996 and hung her body to a peg on the wall with a sari.

(3.) The facts of the case in brief are stated as follows. The deceased was the legally wedded wife of P.W. 14. A male child was born during their wedlock. In the month of April 1996 she took a sum of Rs.4,500.00 from her husband. She told him that she would go to her parents' house and left the house of P.W.14 along with their son. On 20-4-1996 the accused introduced the deceased and the boy to P.W.1 as his wife and son and told him that their names were Rajani and Gopi. The accused requested P.W.I to provide him a room in his house on rent. P.W.I accordingly provided a room on rent. The accused along with the deceased and the boy occupied the room on the same day. On 28-4-1996 P.W.I saw all the three persons in the house up to 9.30 p.m. On 29-4-1996 at about 8 am on hearing the cries of the boy the neighbours including P.W.I went to the room of the accused and found the deceased hanging to a peg on a wall in the room in a kneeling position. P.W.I immediately lodged a report- Ex.P-1 with the police. P.W.10 registered a case and conducted the investigation. P.W. 11 conducted inquest. Ex.P-8 is the inquest report. P.W.8 conducted post-mortem examination and opined that the death had occurred due to asphyxia consequent to constricting force around the neck. He issued Ex.P-11 post-mortem certificate. On completion of the investigation, police filed a charge sheet. When the accused denied the charge under Section 302 I.P.C., the Prosecution examined 14 witnesses and exhibited 14 documents and marked four material objects. The trial Court after assessing the evidence on record came to the conclusion that the Prosecution proved the guilt of the accused and accordingly convicted and sentenced the accused by the impugned judgment, challenging the legality and correctness of which the accused filed the present appeal.