GUDA LINGAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole appellant herein was tried by the Sessions Judge, Karimnagar for an offence under Section 302 I.P.C. for causing the death of his wife on 6-2-1992 at 9 P.M. at his house at Venkatapuram village. The learned Sessions Judge found the accused/appellant guilty and convicted and sentenced him to undergo imprisonment for life. Assailing the said judgment, this appeal is filed by the appellant.

(2.) The prosecution case in brief is as follows: Guda Amruthamma, the deceased is the wife of the accused. They are residents of Venkatapuram village. Their marriage took place about 15 years back and they have four children. The accused suspecting the fidelity of the deceased, used to beat her very often in a drunken condition. On 6-2-1992, at about 9 P.M. the accused came in a drunken condition, took up an axe and dealt blows on the head, nose and left check of the deceased. P.W.7, the eldest daughter of the deceased and the accused, returned home from her grant-parents house soon after the offence and found her mother, the deceased lying in a pool of blood in the house. The deceased was unconscious at that time. She saw the accused standing there holding an axe M.O.I. The accused told P.W.7 that he axed her mother, the deceased. P.W.7 wept and raised cries. Hearing the cries of P.W.7 PW.5, P.W.6, P.W.4 and one Rikkala Lakshmi Bai came to their house. The accused told them that he axed the deceased. P.W.4, father of the deceased went to the Sarpanch, P.W.I and reported the matter. The Sarpanch came to the scene of offence and saw the deceased. The ladies present there applied turmeric powder to the injuries of the deceased. As there was no doctor available in the village, no treatment was given to the injured. On the nextday morning, P.W .5 his wife and some others took the deceased to the police station, Manthini in a cart. On 7-2-1992, P.W.l the Sarpanch got a report drafted by somebody in the village and presented the same in the Manthini police station at 11 A.M. The report is marjced as Ex.P-1. P.W.12, the Head Constable at Manthini police station registered the same as crime No.5/1992 under Section 307,I.P.C. and issued Ex.P-5 first Information Report. P.W.12 sent the deceased to the Government Hospital, Manthini. P.W.4 father of the deceased and others shifted the deceased to Government Hospital, Kharimnagar. On the advise of Doctors at Kharimnagar, the deceased was again shifted to M.G.M.Hospital at Warangal. She died oh 9-2-1992. P.W.12, Head constable of Manthini Police station proceeded to the village and inspected the scene of offence. He examined and recorded the statements of P.Ws.2 and 3. He secured the presence of P.Ws.8 and 9. He examined the scene of offence at 4 P.M. and seized blood-stained earth, M.O.6 controlled earth, M.O.7and pieces of bangles in the presence of panchas. There were blood -stained shi rt belonging to the accused on the pial, M.O.4 and blood stained lungi, M.O.5. They are belonging to the accused. He seized them and prepared Ex.P-2 panchanama describing the scene of offence and mentioning the seizures made by him. P.W.14, Sub-Inspector of Police, Manthani took up further investigation. P.W.1 brought Ex.P-7 intimation given by the Head constable of Police, Out-post in M.G.M.Hospital, Warangal regarding the death of Guda Amruthamma. Then, he altered the Section of law in the F.I.R. from 307 I.P.C. to 302 I.P.C. and issued Ex.P-8 alteration memo. The Head constable in the out-post in M.G.M.Hospital gave Ex.P-9 death intimation on a printed-form. The dead-body of Guda Amruthamma was lying in postmortem room. He secured the presence of P.W.10 and Yella Mallaiah and held inquest over the dead-body in their presence from 3 P.M to 5 P.M. On 9-2-1992. He examined P.W-4, Rikkala Lakshmi Bai, Rikkala Mallamma, P.W-5 P.W.6 and recorded their statements. He seized M.O.2 saree and M.O.3 blouse from the dead-body. He prepared Ex.P-3 inquest report. He gave a requisition to the Professor of Forensic Medicine. P.W-13, Assistant Professor in the Department of Forensic Medicine, Kakatiya Medical College, Warangal conducted Postmortem examination on 9-2-1992 between 4 P.M to 5 P.M. The Post-mortem report is marked as Ex.P-6. The Doctor opined the cause of death to be due to Head injury. P.W.15, the Circle Inspector of Police, Manthani took up further investigation and examined P.W-7, Guda Prabhakar, aged about 9 years. On 3-3-l992, he arrested the accused at house in Venkatapuram village at 8 A.M. He interrogated him in the presence of P.W.11 and Inumula Rayamallu. The stateroenet of the accused, Ex.P-4 offering to show the axe was recorded. He picked up the axe from some flower plants in the compound of the house of the accused and panchanama, Ex.P-4 was recorded for seizure of M.O.I axe. The accused was sent to judicial custody. The property was sent to Chemical examination. Ex.F-12 is the report. He filed the charge-sheet,

(3.) To substantiate the prosecution case, the prosecution examined 15 witnesses and marked Exs. P-1 to P-12. The plea of the accused is one of denial.