BADI GURAVAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal preferred by the sole accused in Sessions Case No. 216 of 1990, on the file of the Sessions Judge, Nellore, challenging his conviction for the offence under Section 302, I.P.C. and sentence of imprisonment for life, imposed by the learned Sessions Judge, Nellore by his Judgment dated 3 1/01/1992.

(2.) The case of the prosecution is briefly as follows :- The deceased Venkatamma is the wife of the accused and P.W. 2 Munaiah is their son. P.W. 1 is the mother of the deceased. The accused suspected the fidelity of his wife, the deceased on the ground that she developed illicit contact with one Pamula Ramachandraiah (P.W. 6). About six months prior to the death of the deceased, the accused shifted his residence to Baddavolu and was residing with the deceased and his children in the house of Madduru Polaiah (P.W. 3) as a tenant. On 20/03/1989 at about midnight P.W. 2 got up to answer calls of nature. He then heard his mother crying 'Oyammo, Oyinayano'. He, therefore, ran to his house and saw his father-accused beating his mother the deceased with a rice pounder. He immediately returned back, woke up P.W. 1 and reported to her what he saw. Meanwhile, P.W. 3 heard the shrieks of the deceased and went there and questioned the accused as to why his wife was crying. The accused replied him that he found his wife sleeping with P.W. 6 and therefore he slapped her. Thereupon he went and brought Kantrati Ramaiah and his wife Bujjamma (P.W. 4) to the house of accused. While they were approaching the house of the accused, P.Ws. 1 and 2 also joined them. P.Ws. 2, 3 and 4 saw the accused leaving the house and deceased lying naked and unconscious in a pool of blood with injuries on the head and cheek. With the assistance of P.W. 5 and some others, P.W. 1 took the deceased to Gudur and admitted her in the Government hospital for treatment. On the next day i.e., 21/03/1989 at 4.30 a.m. the Civil Assistant Surgeon (P.W. 9) examined the injured and issued the wound certificate Ex.P-6. He sent intimation Ex.P-7 to the S.H.O., Guduru I Town P.S. to admit the injured Venkatamma in the Government Headquarters Hospital at Nellore. On receipt of Ex.P-6 intimation, P.W. 14 H.C. 97 of Gudur I Town P.S. proceeded to the hospital and as the injured was unconscious, he could not record her statement. He, therefore, recorded the statement of P.W. 1, Ex.P-1 and sent it to Manubolu P. S. with a memo on the question of jurisdiction, and admitted the injured in the Government Headquarters hospital, Nellore for treatment of the injuries sustained by her. P.W. 17 S.I. of Police, Manubolu registered a case in Crime No. 32 of 1989 under Section 324, I.P.C. against the accused on the basis of Ex.P-7 and issued F.I.R., Ex.P-15. On 25/03/1989 at 6.10 a.m. the deceased expired while undergoing treatment in the hospital. On receipt of Ex.P-9 death intimation, P.W. 17 altered the section of law and issued express F.I.R. Ex.P-16. P.W. 18 Inspector of Police, Nellore Rural took over further investigation, held inquest over the dead body of the deceased in the presence of P.W. 8 and other panchayatdars. Ex.P-5 is the inquest report. P.W. 11 Civil Assistant Surgeon conducted post-mortem examination over the dead body of the deceased on 26/03/1989 and issued Ex.P-10 post-mortem certificate. The doctor opined that the deceased died due to head injury, particularly to the brain and that the injuries found on the deceased were sufficient to cause death in the ordinary course of nature. After completing investigation, P.W. 18 laid the charge sheet against the accused.

(3.) In support of the case of the prosecution, P.Ws. 1 to 18 were examined and Exs.P. 1 to 16 and M.Os. 1 to 3 were marked. After the closure of the evidence on behalf of the prosecution, the accused was examined under S. 313, Cr.P.C. with reference to the incriminating material appearing against him. The plea of the accused is one of total denial. The accused further pleaded alibi stating that he was at Vidavalur on the date of the alleged occurrence. In support of his plea of alibi, he got examined one witness, D.W. 1.