PASADI VEERABBAYI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Appellant, sole-accused, has been convicted under S. 302 I.P.C. for committing the murder of his wife Ramanamma on 14-3-1980 and sentenced to undergo imprisonment for life.

(2.) The case of the prosecution is that the appellant aged about 25 years and the deceased aged about 18 years were married three years prior to the date of occurrence. The appellant is a resident of Singavaram village, but he migrated to G. Kothapalli village the birth place of the deceased. They were living together in the house of one Gangamma, adjacent to the house of P.W. 1, the grand-mother of the deceased. On 14-3-1980, there was Nukalamma Festival in the village. At about 10 p.m., P.W. 1 went to the house of the deceased and found the accused and the deceased in the house. She enquired of the deceased whether she would attend to the Mela to be celebrated on that day. The deceased expressed her disinclination on the ground that the accused does not like her to go. P.W. 1 left the place. After attending the Mela P.W. 1 came home and slept. At about 5 a.m. on the next morning, when she was going to attend the calls of nature, she saw the door of the deceased open and the light burning, PW-1 peeped in and found the deceased dead with cut injuries and also the knife lying nearby. Immediately she raised hue and cry and went to the Village Munsif (P.W. 4) and reported the occurrence. P.W. 4 came to the place and having seen the deceased dead in a pool of blood, recorded Ex. P-1 statement given by P.W. 1 and sent the statement along with his crime report Ex. P-2 to the Police Station, Annavaram. P.W. 11, the Head Constable, received Exs. P-1 and P-2 and registered the crime and issued the Express F.I.R. Ex. P-9 to all the officers concerned. P.W. 12, the Circle Inspector of Police, having received the message from P.W. 11 proceeded to Annavaram and collected the copy of the F.I.R. and went to the scene of occurrence. He made an observation of the scene of occurrence and seized the knife M.O. 1. Ex. P-4 is the observation report and the seizure memo. He also drew the rough sketch of the scene of offence Ex. P-10. He held inquest over the dead body under Ex. P-3 in the presence of panch witness, P.W. 5. He examined P.Ws. 1, 3, 4 and others at the inquest. He sent the dead body for autopsy. P.W. 6 the doctor conducted the autopsy over the dead body on 16-3-1980 and issued the post-mortem certificate Ex. P-6. He found three lacerated and six incised injuries and opined that the death of the deceased was due to shock and haemorrhage due to fracture of the skull and injury to the brain which was sufficient to cause death in the ordinary course of nature.

(3.) On 18-4-1980, while P.W. 8, plantain fruit vendor was transacting business, the accused came to his shop and began weeping. On enquiry made by P.W. 8, the accused confessed that about one month prior to that date he killed his wife, having suspected her fidelity and he requested to help him. P.W. 8 advised him to go and surrender before the police. At the request of the accused P.W. 8 took him to the police station at Peddapuram and handed him over to the Sub-Inspector of Police (P.W. 10) who informed the same to the Sub-Inspector, Annavaram (P.W. 13). Thereafter P.W. 13 came to Peddapuram and arrested the accused in the presence of P.W. 9 and another and recorded his statement under Section 27 of the Evidence Act leading to the recovery of blood-stained Dhoti (M.O. 10) concealed in a pit. M.O. 10 was recovered under Ex. P-8 in the presence P.W. 9. Thereafter P.W. 12 after completing investigation, laid the charge-sheet.