G.SREENIVASULU SETTY Vs. STATE OF A.P.

JUDGEMENT

(1.) These two appeals are filed against the judgment dated 25.01.2008 passed by the Principal Sessions Judge, Kurnool in S.C. No.229 of 2007. The sole accused was alleged to have killed his wife, by name, Lakshmi Krishnaveni, in his house at Gudur of Kurnool District, in the intervening night of 05/06.06.2006 by smothering her. The trial Court convicted the appellant for the offences under Sections 498-A and 302 IPC. Sentence of rigorous imprisonment for two years and a fine of Rs.1,000/-, in default to undergo simple imprisonment for three months, was imposed for the offence punishable under Section 498-A IPC; and life imprisonment and fine of Rs.2,000/- and in default to suffer simple imprisonment for six months; for the offence punishable under Section 302 IPC were imposed against the appellant.

(2.) While Criminal Appeal No.1336 of 2009 is filed with the help of the Legal Services Authority, Criminal Appeal No.691 of 2011 is filed by the accused himself through a private counsel.

(3.) The case as presented by the prosecution was that the accused was married to the deceased about 15 years back and the couple had two sons, one aged 12 years and the other six years, by 2006. It was alleged that the relationship between the accused and the deceased was not cordial so much so, that about six months prior to the incident, the deceased left the house of the appellant together with children to Pathikonda and started living in the house of her brother PW-2. At the instance of his mother, the accused is said to have gone to Pathikonda and brought the deceased and children to his house ten (10) days prior to the date of incident. On the date of incident, the accused is said to have come to the house in the night after closing the shop at 7.30 p.m. and had dinner by 9.00 p.m. Thereafter, he is said to have gone out and come back by 9.30 p.m. The couple and the two sons are said to have slept in the same room in a serial.