VOLLEM RAJA MALLAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) THE sole accused in S.C.No.223 of 2008 on the file of II Additional Sessions Judge, Karimnagar at Jagtial, filed this Criminal Appeal, feeling aggrieved by the conviction and sentence ordered against him by the trial Court, through judgment, dated 17.04.2009.

(2.) THE appellant was tried for the offences punishable under Sections 302 and 323 IPC, for committing the murder of his wife, Vollem Laxmi, on 10.09.2007, and causing a minor injury to his son, Vollem Manideep, by pushing him aside. The trial Court convicted the appellant for both the offences and imposed punishment of imprisonment for life and fine of Rs.1,000/ -, in default, to suffer simple imprisonment for one month, for the offence punishable under Section 302 IPC, and fine of Rs.250/ -, in default to suffer simple imprisonment for one week, for the offence punishable under Section 323 IPC.

(3.) ON 10.09.2007, P.W.1, along with her sons, the deceased and her children, and elders of the village, is said to have come to Yakeenpur village, where the elders chosen by the accused were also present. After discussion, it was said to have been decided that the deceased should stay with the accused and the latter should look after her with affection, and that P.W.1 left that place in the afternoon. On the same day, P.W.1 is said to have received information to the effect that the appellant beat the deceased with a wooden pestle and used an electric wire to strangulate her, and that when the minor son came in the way, he has been pushed aside. P.W.1 submitted a complaint (Ex.P.1) to the P.S. Korutla. That gave rise to registration of Crime No.182 of 2007 and investigation was taken up by the Investigating Officer (P.W.17). During the course of investigation, P.W.17 visited the site and got the inquest panchanama conducted and arranged for post mortem. The post mortem report revealed that there are five injuries on the body of the deceased, and out of them, injury No.3, a ligature mark of 1/2 inch x 10 cm. around the neck, is the cause of death. P.W.17 apprehended the accused on 19.09.2007 and recovered the material objects, that are said to have been used for committing the murder. After conducting the investigation, he filed charge sheet, wherein, the offences under Sections 302 and 323 IPC were alleged against the accused.