SUNKARI SOMA NARSAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellant herein was tried as the sole accused by the Court of VI Additional Sessions Judge (Fast Track Court), Warangal at Mahabubabad, in S.C.No.104 of 2009, on the allegation that he killed his wife, Sunkari Upendra, at 9.30 a.m. on 16.08.2008, by hacking with an axe. The trial Court delivered its judgment on 28.10.2009, convicting the accused of the offence punishable under Section 302 IPC and sentencing him to undergo imprisonment for life. Fine of Rs.500/-, in default, to undergo simple imprisonment for two months, was also imposed. This appeal is filed by the accused.

(2.) Smt. C. Vasundhara Reddy, learned counsel for the accused, submits that though there is no reference to the existence of eyewitnesses in Ex.P.1- the complaint submitted by the brother of the deceased, P.W.1, the trial Court accepted the eyewitness account of P.Ws.3, 4 and 5. She contends that P.W.3 is a person from a different village, so much so, he admitted that he cannot identity the other persons, who were said to be present at the time of the incident, and P.Ws.4 and 5 were not consistent about what is alleged to have happened in their presence. Learned counsel further submits that the case was foisted against the accused by the brothers of the deceased, P.Ws.1 and 2, and the record discloses that those two persons have criminal background. Alternatively, learned counsel submits that the death may have taken place, during the course of quarrel, and since the accused did not nurture any intention to kill his wife, the incident can be treated as the one, falling under Section 304 Part I or II IPC.

(3.) Learned Public Prosecutor, on the other hand, submits that this is a rare case in which the occurrence was witnessed by as many as three independent persons, and the evidence of the eyewitnesses is consistent and uniform. She submits that the accused was having serious differences with his wife, the deceased, and the death caused by him cannot be said to be out of sudden provocation or an unintended act. She further submits that the trial Court has analysed the evidence on correct lines and arrived at a correct conclusion.