KOCHERIA VEERASWAMY Vs. STATE OF A P

JUDGEMENT

(1.) The present appeal is preferred by the appellant-accused aggrieved by the conviction and the sentence imposed by the learned District and Sessions Judge, Ongole, Prakasam Division, in Sessions Case No. 169 of 2002 on 24-5-2004 for the offence punishable under Sections 302 and 201 IPC.

(2.) The facts in brief are as follows: One Kocherla Grace Sunitha (hereinafter referred to as 'the deceased) was the wife of the accused and their marriage was performed about 14 years ago and they have been residing at Nirma! Nagar, Ongole in a rented house along with their children. The accused having addicted to all vices like drinking and debauchery started harassing the deceased for the last few years. While so, on the interventing night of 31-12-2000 / 1-1-2001 when the deceased along with her children went to the Church to offer prayers on the eve of new year's day, the accused having decided to kill the deceased went to the Church, where the deceased and his children were present and forcibly took them to his house in a hurried manner and later, the deceased and the accused went into their room separately, where the clash took place between them and consequently, the deceased was killed by strangulation. The accused informed his son (P. W.2) that the deceased was not feeling well and later, with a view to screen away the evidence, the accused with the help of Kalintha Nepolean, Kalintha Sudheer Babu, P.W.7, Kocherla Adinarayana, Kocherla Suryanarayana and Yennabathina Chenchuramaiah shifted the dead body of the deceased to Maddipadu village, which is the native place of the accused and while making the arrangements to dispose of the dead body of the deceased, one Kalentha Sudheer Babu informed P.W.1 that the deceased was in serious condition. On that P.W.1, P.W.3 and others rushed to Maddipadu and observed the ligature mark around the neck of the deceased. Meanwhile the accused fled away from there.

(3.) On receipt of the complaint, a case in Crime No.1 of2001 under Section 174 Cr.P.C. was registered in the first instance and investigated into. During the course of investigation, inquest as well as post mortem examination were held over the dead body of the deceased. After completion of the investigation, the charge-sheet has been filed for the offences under Section 498-A, 302 and 201 IPC.