RAMTHU THOMAS Vs. STATE OF A P

JUDGEMENT

(1.) This is an appeal by the sole accused in S.C.No.261 of 2003 on the file of X Additional Sessions Judge, Guntur wherein he was tried for the offence punishable under Sections 498A and 302 IPC, found guilty under Section 302 IPC and sentenced to suffer imprisonment for life and also to pay a fine of Rs.500/-, in default to suffer simple imprisonment for one month.

(2.) Accusations which led to trial of the appellant was that on 13-02-2002 at about 7 A.M. he caused homicidal death of his wifeRamthu Vedamani @ Kumari by hacking indiscriminately suspecting her fidelity.

(3.) Factual scenario giving rise to the present appeal is as follows: the deceased's marriage was performed with the appellant in the year 1993, since then they lived in Narasaraopet and subsequently deceased got a job as ANM in Mukkellapadu, so they shifted their residence to Vinukonda. They lived happily for some time. Later, after check up by the doctor, they were informed that the deceased will not begot children. Since then the accused suspected her; used to beat her on the ground that she got illicit intimacy with P.W.7, who was her collegue at work place. P.Ws.1 and 8 who are brothers, P.W.2 who is the paternal uncle and P.W.4 who is the father of the deceased tried to pacify the dispute but, however, the accused and the deceased got separated and lived separately. Even after separation also the accused used to harass the deceased. Having unbearable with the attitude of the accused, the deceased reported the matter to the police on 27-09-2000. Since then the accused absconded from the village. On 12-02-2002 P.W.2 went to the house of the deceased to meet her, where he was informed that the accused spreading rumours in the village that she got illicit intimacy. On 13-02-2002 at 6 A.M. P.W.2 and the deceased started to MUkkellapadu village to inform about the accused spreading rumours to the village elders. When they reached Poleramma vagu, while the deceased was proceeding further, P.W.2 went aside to answer the calls of nature; then he heard the cries of the deceased as "Chinnanna Chinnanna". He saw the accused chasing the deceased. Then, he also ran behind them and saw the accused stabbing the deceased indiscriminately by catch holding of her hair and threatened to stab P.W.2 if he intervenes. He then went back to Vinukonda. P.Ws.1 and 4 rushed to the scene of offence on the information passed on by one Srinivasa Rao and thereafter, lodged a reportEx.P1. On the basis of the said report P.W.15, the Sub-Inspector of Police registered a case in Cr.No.8 of 2002 and issued Ex.P26FIR. He visited the scene of offence, got panchanama in the presence of P.W.9, and also got the scene of offence photographed through P.W.6 covered by Exs.P3 to P10, held inquest over the dead body of the deceased under Ex.P13, thereafter sent the dead body for postmortem examination to the Government Hospital. On 14-02-2002, P.W.10, the Civil Assistant Surgeon, Area Hospital, Narasaraopet held autopsy over the dead body of the deceased and opined the cause of death was due to shock and hemorrhage due to multiple injuries and accordingly issued Ex.P16postmortem report. -P.W. 15, the Sub-Inspector of Police recorded the statements of P.W.3, 4 and 8, arrested the accused on 15-02-2002 and at his instance a knife was recovered under Ex.P15 panchanama. Later, investigation was taken over by P.W.16, the Inspector of Police who seized Ex.P19 letter from the house of the deceased and also recovered the incriminating material. On receipt of report and after completion of investigation he laid the charge sheet.