CHATLA SAILOO Vs. STATE OF AP

JUDGEMENT

(1.) This appeal is directed against the judgment rendered in S.C. No. 377 of 1999 on the file of the learned III Additional District & Sessions Judge, Nizamabad, dated 5-3-2004, whereunderthe learned Sessions Judge found the appellant-accused guilty for the offence under Section 302 I.P.C., and sentenced him to undergo imprisonment for life and to pay a fine of Rs.100/-, in default to undergo Simple Imprisonment for one month.

(2.) The brief facts that are necessary for disposal of the present appeal may be stated as follows: P.W.1 is the father; P.W.2 is the mother and P.W.3 is the sister of the deceased. Accordingly to P.W.13 on 7-2-1999 at about 9.00 a.m., the accused came to him and informed him that his wife was having illegal intimacy with one Kallam Sailoo and therefore he bore grudge against her and on 6-2-1999, at about 7.30 p.m., when he found his wife going to the outskirts for answering calls of nature he followed her with an intention to kill her and laid her down in the fields in the darkness, put his legs on her hands and by keeping a towel around the neck of his wife, he strangulated her and killed her on the spot. On hearing this, P.W.13 went to the spot and found the dead body of Gangamani in the field by the side of cart track leading from Dharmora to Andhra Nagar. Thereafter, he gave a complaint under Ex.P-16 on the same day at about 12.00 noon. Basing on the said complaint,"P. W.8 registered a case under Section 302 of I.P.C. and visited the spot, drew a rough sketch of the scene of offence and got photographed the scene of offence. He also secured the presence of panch witnesses and in their presence, he examined and recorded the statements of the witnesses and held inquest over the dead body of the deceased. Thereafter, he sent the dead body to P.W.10 for conducting autopsy over the body of the deceased. After completion of the investigation, the investigating officerfiled the charge sheet.

(3.) The charge levelled against the sole accused is that on 06-02-1999, at about 7.30 p.m., in the outskirts of Dharmora Village, the accused who is no other than the husband of the deceased Gangamani, intentionally and knowingly tied a towel around her neck and strangulated her to death and thereby committed an offence punishable under Section 302 of I.P.C.