LAWS(APH)-1973-11-17

PUBLIC PROSECUTOR Vs. PATAN MAHABOOB VALLI KHAN

Decided On November 23, 1973
PUBLIC PROSECUTOR Appellant
V/S
PATAN MAHABOOB VALLI KHAN Respondents

JUDGEMENT

(1.) Ghennakesav Reddy, J.-The murder in this case is one of the common types as old and primeval as the sound of surf on the rocks at the sun-set-murder due to sexual jealousy.

(2.) The locale of this tragic incident is a private nursing home of one Dr. Janardhana Reddy (P.W. 5) in a town in Cuddapah district called Rayachoti and evidently populated by a lively mixture of Hindus and Muslims. It happened on the morning of nth September, 1971 at about 10-45 A.M. The victim, Ameenabi, is an young married woman of 25 years with two daughters, P.Ws. 2 and 4 in the case, aged 11 years and 7 years respectively. The accused an equally young man of about 23 years had a romantic interest in the deceased woman. Her husband P.W. 7. was employed as a peon in the, local library.

(3.) The accused and the deceased lived in the same locality known as Kothapalli in Rayachoti town. They were neighbours. P.W. 7 suspected his wife's illicit intimacy with the accused and shifted his residence to another locality known as Masapet. Despite the change in the residence, the accused continued to visit the house of the deceased. P.W. 7 came to know of the continued interest of the accused in the deceased. So, P.W. 7 wanted to admonish his wife and the accused. On 1st September, 1971 P.W. 7 informed his wife that he was going to attend a second show in a local cinema and went away from the house. He returned home at about 12 mid-night suspecting that the accused might be found in his house. He found the doors bolted from inside and could hear the conversation between his wife and the accused. He immediately sought and secured the help of Ramachandraiah and P.W.8 who reside in the same locality to come and chastise the accused. All the three came to the house of P.W. 7. On hearing the cries of P.W. 7, his wife opened the door and they found her and the accused in the house. P.W. 8 and Ramachandraiah chastised both the accused and the deceased and both of them agreed to sever their immoral connection from that date. About two days prior to the occurrence, the accused again visited the house of the deceased and beat her in the presence of her daughters, P.Ws. 2 and 4, as she refused to elope with him.