JADDU JUVVANNA Vs. STATE OF A P

JUDGEMENT

(1.) This is an appeal preferred by the sole accused assailing the conviction given by the learned II-Additional Sessions Judge (Fast Track Court),Adilabad in S.C.No.173 of 2004 forthe offence punishable under Sections 302 and 201 of the Indian Penal Code(for short 'the IPC'). He was charged for the offence under Section 302 IPC for allegedly killing his wife by throttling her neck during the intervening night of 16/17-1 -2004 in his house at Soan village, Nirmal Mandal, Adilabad district.

(2.) The case of the prosecution is that the accused had a son and he went away from the native place for more than one year for the purpose of earning. The daughter-in-law remains in the house. The deceased is the wife of the accused. The accused developed illicit intimacy with the daughter-in-law. The deceased quarrelling with the accused to discontinue the illegal intimacy with the daughter-in-law. Therefore, the accused decided to do away with the deceased. Accordingly the accused killed the deceased by throttling her neck and she died due to asphyxia. Initially the accused gave an impression to the people that the deceased died due to sickness, but on noticing the injuries on the dead body of the deceased, the witnesses suspected that it was not a natural death. The accused tried to cremate the dead body, but as the custom prevailing in their community do not permit it and at the instance of the relatives the dead body was buried. Subsequently, it came to light that the accused killed the deceased. Therefore, the dead body of the deceased was exhumed and postmortem was conducted and the doctor opined that the deceased died due to asphyxia due to pressing of neck. After the crime was registered and inquest was held, the witnesses were examined and after conclusion of the investigation, the police laid charge sheet.

(3.) The defence of the accused was one of denial.