CHEEDIPALLI KALYANAM @ GOWTHU Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellant was tried by the Court of the IV Additional District & Sessions Judge, Visakhapatnam in S.C.No.44 of 2008 for causing the death of his wife, by name, Lakshmi @ Demudamma. After conducting the full-fledged trial, the trial Court convicted the accused for the offences punishable under Sections 498-A and 302 IPC. It imposed the punishment of imprisonment for life, and fine of Rs.500/-, in default, to undergo simple Imprisonment for one month for the offence punishable under Section 302 IPC. Fine of Rs.500/- was imposed, in default, to undergo Rigorous Imprisonment for one month, was imposed for the offence punishable under Section 498-A IPC.

(2.) The case, as presented by the prosecution was that the accused herein was married to Lakshmi @ Demudamma, the daughter of PW.1, in the middle of the year 2007, PW.1 submitted Ex.P1, the complaint, before the P.S Rolugunta stating inter alia that, his daughter died on 20.10.2007, three days prior to the incident, the accused and the deceased came to his house, and thereafter, the accused alone left the village. Accused is said to have informed him that he would come back on the next Saturday and take the deceased along with him. Thereafter, PW.1 is said to have sent the deceased to the house of the accused, along with his youngest son, by name, Lova Raju, but in the morning on 21.10.2007, he received the phone call from Kondapalli Kalyanam, PW.4 a member of the Gram Panchayat of Y.B.Patnam, to the effect that his daughter was killed by causing cut injuries on the neck. He is said to have proceeded to the village and noticed his daughter lying on a mat and blanket in a pool of blood. He mentioned that the accused was married twice and that the deceased was his third wife, and that suspecting the character of the deceased, the accused resorted to the heinous act of killing her.

(3.) The Station House Officer, Rolugunta P.S. registered a case in crime No.45 of 2007 alleging offences punishable under Sections 498-A and 302 IPC. The scene of offence, panchanama was conducted, and inquest and postmortem were caused. On the basis of investigation, conducted by him P.W.8, the Investigating Officer filed the charge sheet. The case was committed to the Court of Sessions Judge, Visakhapatanm and numbered as S.C.No.44 of 2008, and on being made over to the Court of IV Additional District & Sessions Judge, Visakhapatnam, the charges with reference to the relevant provisions of law, were framed. The accused pleaded not guilty.