INDOR DUTTU Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 12-11 -2003 in Sessions Case No.392 of 2003 on the file of the II Additinoal Sessions Judge (F.T.C.), Adilabad. The appellant is the sole accused in the Sessions Case. He was convicted for the offence punishable under Section 302. I.P.C. and sentenced to undergo imprisonment for life.

(2.) The brief facts that are necessary for disposal of this appeal are as follows: The deceased-lndur Lingamma is wife of the accused. P.Ws.5 to 7 and 11 are neighbours of the deceased and the accused. P.W.9 is brotherof deceased. The deceased, the accused and the material witnesses were living in Kapri village. On 8-1-2002 at about 10.00 a.m, the accused and the deceased started on a bullock cart along with their 3 years aged son from theirhouse.wentto Government School where P. W. 10 was working as a teacher and left their son in the company of one Swamy, who was studying in the school and related to accused. Since they were proceeding to a forest to collect firewood, the accused took an axe along with him. When they went to the land of P.W.12, the accused hacked the deceased with M.0.14-axe due to which she died on the spot. P.Ws.13 and 14 saw him while he was returning to village. P.W.11, who is neighbourer of accused, saw the accused sitting in front of his house, who was weeping and in confused condition. When she questioned the accused, he revealed that he killed his wife in the land of P.W.12. Thereupon, P.W.11 rushed to P.Ws.1 to 3 and informed about the confession made by the accused before her. P.Ws.1 to 3 went to the house of accused and in their presence also the accused made extra Judicial confession that he killed his wife in the land of P.W.12 since she developed illegal contacts with others. P.W.1 required P.W.2 and another to watch the movements of the accused and later went to the spot, verified the fact, prepared Ex.P-1-complaint and presented before police. Basing on the same, P.W.17-Sub Inspector of Police registered the crime. The accused confessed as in Ex.P-22 when he was questioned by P. W. 19 Inspector of police in the presence of P. W. 16 and others, led them to the land of P.W.12 and produced M.O.14-Knife which was seized under Ex.P.-23. The accused also produced his blood stained clothes M.Os.15 and 16, which were seized under Ex. P-24. Thereafter, P. W. 19 conducted inquest on the dead body of deceased in the presence of P.W.16 and others under Ex.P-20, seized M.Os.1 to 11 and sent the dead body for post-mortem examination. P.W.19 also conducted panchanama of scene of incident under Ex.P-21 in the presence of P.W.16 and others, seized M.Os. 12 and 13, examined P.Ws.2 to 10, got photographed the dead body and after completion of investigation, filed the charge sheet.

(3.) The substance of the charge framed against the appellant/accused is that on 8-1 -2002 at about 11.00 a.m. at the outskirts of Kapri village in the fields of one Yelti Keshav Reddy, the accused committed murder by intentionally or knowingly causing the death of his wife-lndur Lingamma by beating her with handle of axe on her head and throat suspecting herfidelity, and thereby he committed an offence punishable under Section 302 I.P.C. When the charge was put to the accused, he pleaded not guilty and claimed to be tried.