RATHOD MOHAN Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Appeal is filed by the appellant/accused, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), against the Judgment, dated 18.01.2010 passed in Sessions Case No.400 of 2008 on the file of the III Additional District and Sessions Judge, (Fast Track Court), Nizamabad, whereunder and whereby, the appellant/accused was found guilty of the offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (for short, 'I.P.C') and accordingly, convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.500/ -, in default, to undergo simple imprisonment for two months; and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.200/ -, in default, to undergo simple imprisonment for one month for the offences punishable under Sections 302 and 201 I.P.C respectively.

(2.) THE brief facts that are necessary for disposal of the appeal may be stated as follows: On 28.09.2007 at about 14:00 hours, PW.1 along with others came to the Police Station, Balkonda and lodged a complaint Ex.P1, wherein he stated that he is working as Home Guard at Police Station Boath of Adilabad District and on the same day at 10:00 a.m, people of Babera thanda by name Jadav Kashinath, Rathod Balram Naik, Rathod Govind and others along with accused came to the Police Station, Boath and disclosed that the accused killed his wife by name Smt. Rathod Jhanabai (hereinafter referred to as 'the deceased') on 22.09.2007 at the outskirts of Pochampad village of Balkonda Mandal besides the Godavari river in a channel, suspecting her character; and that the Sub Inspector of Police, Boath Police Station immediately deputed him and another Head Constable No.375 by name Rathod Gulab Singh to handover the accused to Balkonda police. Thereafter, PW.1 and others handedover the accused to police, Balkonda Police Station for taking necessary action. Basing on the complaint, PW.9 -Sub Inspector of Police Balkonda Police Station registered it as a case in Crime No.128 of 2007 for the offences punishable under Sections 302 & 201 I.P.C, issued First Information Report and investigated the case. During the course of investigation, he recorded the statements of PW.1 and LW.2. PW.10 -Circle Inspector of Police took up further investigation of the case and interrogated the accused. The accused voluntarily confessed about committing the offence in the presence of mediators PW.6 & LW.14 and it was recorded as a confessional statement. Thereafter, the accused led the police, panch witnesses and relatives of the deceased to the scene of offence, where the dead body was found. The Investigating Officer -PW.10 conducted inquest over the dead body of the deceased in the presence of PW.6 & LW.14, conducted scene of offence panchanama in the presence of PW.6 and recovered the material objects MOs.1 to 7 under the cover of panchanama. He also got photographed the scene of offence and the dead body of the deceased through PW.4. He also gave a requisition to the Medical Officer -PW.7 to conduct postmortem over the dead body of the deceased. On 29.09.2007, PW.7 visited the scene of offence, conducted postmortem and gave a postmortem report opining that the death of the deceased is due to Asphyxia as a result of strangulation. After completion of investigation and after receiving the reports, PW.10 filed the charge sheet against the accused into the Court.

(3.) ON appearance of the accused, the trial Court framed the following charges against him: