POCHAMMALA YELLAPPA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused in Sessions Case No. 156 of 1992 on the file of the Additional Session Judge's Court, Medak at Sangareddy is the appellant, who was tried for an offence punishable under Section 302, IPC and found guilty, and, therefore, was convicted and sentenced to suffer imprisonment for life. The charge against the appellant is that on 26-3-1992 he was alleged to have caused the death of his wife Pochamalla Pentamma while she was sleeping by throwing a boulder on her head.

(2.) The prosecution case briefly stated is as follows : The appellant was a resident of Kudambah village. The deceased was given in marriage to him seven or eight years prior to the occurrence. They lived at Bombay by begging and thereafter, they returned to Sadasivpet where the mother (PW3), sister and PW4, the brother of the deceased are residing. The deceased along with the appellant and their two children came to the house of PW2 for Sankranthi festival and stayed there for a week. During that period the deceased complained to her mother and others that the accused used to beat her suspecting her character. After the festival, the deceased, her children and PW2 went to Bilalpur where the accused put up a residence with the deceased and his children. PW2 advised them to maintain cordial relations, stayed there for three days and returned to sadasivpet. On the date of offence, PW8 the son of the deceased saw the accused beating the deceased on the head with a stone and tying the neck of the deceased with a ribbon and killing her. When he cried, the accused threatened him not to cry and took him outside and later took him away.

(3.) On 26-3-1992, PW2 again went to Bilalpur in the evening and found the doors of the house of the accused closed by bolting outside without locking. She also found some foul smell coming from the house. She went to the Sarpanch of the village and the village servant and informed them. They came and opened the door and found the dead body of the deceased. They have seen the head injury on the deceased and also a nylon ribbon tied to her neck. Pieces of red soil rock were also found near the dead body.