ULAPA VENKATARAMANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE appellant is the accused in S.C.No.329 of 2009 on the file of the II -Additional District and Sessions Judge, Chittoor at Madanapalle. He was charged singularly with an offence punishable under Section 302 of I.P.C., for having caused the death of his wife Sugunamma (hereinafter referred to as the deceased) on 14 -12 -2008 at about 06.00 a.m., in his house at Charala village, Chowdepalli Mandal, by beating her with a pestle on her head while she was sleeping. Through its Judgment, dated 27 -01 -2010, the trial Court found the accused guilty and sentenced him to undergo imprisonment for life and to pay a fine of Rs.2,000/ -, in default to undergo rigorous imprisonment for one year.

(2.) THE case of the prosecution, in brief, is as under: - The accused is a tailor by profession and lived in Bangalore for about 25 years along with the deceased. Thereafter, they shifted to Madanapalle and from there to Charala village, where they were residing along with Ankamma PW.2, the mother of the accused. The accused is alleged to be a person of sadist mentality and arrogant by nature. He used to frequently quarrel with the deceased on the ground that all his income is being spent for her treatment. On 14 -12 -2008 at about 06.00 a.m., while the deceased was sleeping, the accused beat her with a pestle on head, which resulted in her instantaneous death. Thereafter, the accused went to his cousin -sister Syamala PW.1 and informed the same, and PW.1 went to Chowdepalli Police Station and filed complaint Ex.P.1. Crime No.87 of 2008 was registered and the investigation was taken up. Scene of offence was visited, panchanama was conducted, inquest over the dead body was held, and the same was sent for post -mortem examination. Statements of the witnesses were also recorded. The bloodstained objects were seized. On 15 -12 -2008 the accused was arrested and he confessed having committed the crime. After conclusion of the investigation, the charge -sheet was filed. Charge referable to Section 302 of I.P.C., was framed. The accused specifically pleaded that he beat his wife with a pestle but not with an intention to kill her. Trial was taken up and the prosecution examined PWs.1 to 8, Exs.P.1 to P.16 were filed and M.Os.1 to 5 were taken on record.

(3.) LEARNED Additional Public Prosecutor, on the other hand, submits that the accused has admittedly gave a deadly blow on the vital part of the body with the pestle and by no stretch of imagination, it can be said that he did not intend to kill the deceased. She contends that the place of the injury and the weapon used by the accused clearly show that he intended to cause the death of the deceased and not otherwise. She further submits that the trial Court has correctly appreciated the material on record and found the accused guilty of the offence under Section 302 I.P.C.