IN RE., KANDRU GEORGE Vs. STATE

JUDGEMENT

(1.) Kandru George has been convicted under section 302, Indian Penal Code, for having on 22nd November, 1953, murdered his wife Ademma by stabbing her with a knife and has been sentenced by the learned Sessions Judge of Krishna to transportation for life. He has preferred this appeal from jail and it has been ably argued by Sri A. Gangadhara Rao, appearing as amicus curiae, who has urged before us everything that could be property said on his behalf.

(2.) The facts, according to the prosecution, are briefly these. The deceased was living with the appellant in his house at Bahubalendragudem until about two months before the occurrence. As the appellant was ill-treating her, P.W.7, Yasuratnam, who is her paternal uncle, brought her away to his house at Zamigolvepalli. The appellant was repeatedly attempting to take her back, but she was unwilling to rejoin him. About three days before the occurrence, a daughter of Yesuratnam's sister P.W. 5 died. Thereafter, at P.W. 5's request the deceased slept for condolence every night at the house. On the night of 22nd November, 1953, the date of the occurrence, the deceased was sleeping inside P.W. 5's house next to the entrance door. P.W. 5 herself, her son P.W. 1, and her daughters P.W. 6 and a child Susila were also sleeping on the same mat. At about 11 P.Ws. 1, 5 and 6 were awakened by the deceased's cry that her husband stabbed her with a knife. P.W. 1 observed the appellant dropping a bloodstained knife near the deceased and running away. P.W. 5 and 6 also saw the appellant running away from the house. P.W. 1 chased and caught the appellant at a distance of about 20 yards sought of the house, with the help of three neighbours P.Ws. 2, 3 and 4, who had also heard the deceased's cry and were coming in the opposite direction. The appellant was taken to a temple about 100 yards away and tied to a pillar and beaten there by the infuriated villages. Meanwhile P.W. 5 brought her brother P.W. 7 from his house and the deceased told P.W. 7 that her husband stabbed her. P.W. 7 gave information to P.W. 12, the village munsif, who came to P.W. 1 's house, and got the deceased's dying declaration Exhibit P-9 written by P.W. 13 the Karnam at about midnight. Then the deceased was taken to the hospital at Pamarru and a second dying declaration Exhibit P-3 was recorded from her by P.W. 16, the Sub-Inspector of the Police, at about 5 A.M. on 23rd November, 1953. In both Exhibits P-9 and P-3, the deceased stated that her husband woke her up and stabbed her at about 11 P.M. on 22nd November, 1953, while she was sleeping in P.W. 5's house. She died in the hospital at 3 P.M. on 23rd November, 1953.

(3.) The appellant's story at the trial was that it was P.W. 1 who Stabbed the deceased. He admitted that he was apprehended immediately after the occurrence and taken to the temple and beaten there. His explanation was that he was sleeping at his sister's house at Zemigolyepalli, that he heard the deceased crying out from P.W. 1 who was stabbing the deceased, and that P.W. 1 planted the offence upon him.