POGULA RAJU Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.825 of 2007 on the file of the II Additional Sessions Judge, Warangal. He is alleged to have committed the murder of his wife, by name, Pogula Rajeshwari on 28.03.2007. After conducting a detailed trial, the learned Additional Sessions Judge, through his judgment dt. 06.10.2009 convicted the accused for the offence punishable under Sec.302 IPC and sentenced to undergo imprisonment for life, and pay a fine of Rs.1,000/- , and in default to suffer simple imprisonment for a period of two months. Hence, the appeal by the sole accused.

(2.) The deceased-Rajeshwari is the wife of the accused. They were blessed with two children, PW-2 and another boy. PW-1, the mother of the deceased, submitted a complaint, Ex.P.1 on 29.03.2007 stating that the accused is addicted to intoxicants and used to beat the deceased indiscriminately, sometimes even suspecting her fidelity. PW-1 stated that she is staying with his daughter, the deceased and the accused, and on 28.3.2007 she went to Jammikunta to the house of her relatives and one Ambala Srinu (LW-6) informed her that the accused killed her daughter, the deceased. She is said to have returned immediately and found that the deceased was killed by the accused when their minor children were sleeping in the house. She is said to have noticed the brain coming out of the head of the deceased.

(3.) On receipt of Ex.P.1, the Police, Kazipet P.S., registered Crime No.50 of 2006 against the accused for the offence punishable under Sec.302 IPC. The Station House Officer, Kazipet P.S., prepared scene of offence panchanama, caused inquest and postmortem-examination, and recorded the statements of various listed witnesses, including that of the daughter of the deceased and the accused, PW-2. After completion of the investigation, the Investigating Officer (PW-10) filed the charge sheet. Before the trial Court PWs.1 to 10 were examined, Exs.P.1 to P.17, Ex.D.1, and M.Os.1 to 4 were marked.