DEBBATI PULLAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE appellant/accused was tried in S.C. No. 273 of 2008 on the file of the III -Additional Sessions Judge (FTC), Asifabad, for an offence punishable under Section 302 I.P.C. in causing the death of his wife Debbati Kaveri and eight month old infant son Vishnuvardhan (hereinafter referred to as 'D.1' and 'D.2') in the early hours of 24 -05 -2007 at his house in Khairgaon village of Rebbena Mandal.

(2.) THE facts, in brief, are as under: - -

(3.) LEARNED Additional Public Prosecutor, on the other hand, submits that involvement of the accused has been established, both by the ocular testimony of the neighbouring residents and the statement of the deceased herself, recorded by the Executive Magistrate. She further submits that the omissions and improvements, which are highlighted, are too trivial in nature and they do not affect the credibility of the case of the prosecution. It is further submitted that at the time when the incident took place in the room, none except D.1 and the accused were present, and the accused failed to explain the circumstances which resulted in the deceased sustaining burn injuries. Except for suggesting that the deceased committed suicide unable to bear the stomach pain, nothing important is placed on record to discredit the statement of D.1 herself. Learned Additional Public Prosecutor further submits that the trial Court has taken all the aspects into consideration, and has convicted the accused on the evidence, and the Judgment does not warrant any interference.