GOPULAPURAM BALAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused in S.C. No. 106 of 2005 on the file of the IV Additional District and Sessions Judge (Fact Track Court) at Siddipet, preferred this Appeal against the Judgment, dated 29-7-2005 convicting him for the offence under Section 302 of I.P.C. and sentencing to undergo rigorous imprisonment for life and to pay a fine of Rs. 200/-.

(2.) The case of the prosecution leading to the conviction of the appellant is as follows: The deceased Bhoolaxmi is the wife of the accused. She belongs to Pedda Chepyal village and married the accused 16 years back and was blessed with two daughters and one son. The accused migrated to Siddipet for eking livelihood by doing his professional work along with his family members. About 10 years back, he constructed a house at Indiranagar locality at Siddipet and was residing in the same house, He started a workshop in the town, which is about 3 to 4 Kms away from his house. He used to go to workshop daily in the morning and returning house in the evening. He developed suspicion that the deceased had illegal intimacy with their neighbour Muthyam and keeping the same in mind, he addicted to liquors and quarreled with the deceased very frequently. About five months back, he picked up a quarrel with the said Muthyam, which was also attended and pacified by the parents and blood relatives of the deceased. But, the accused did not change his behaviour and went on suspecting the fidelity of the deceased and decided to do away with her life. Accordingly, on the morning of 02-12-2004, as usual his children went to school and he went to his workshop and at about 15-00 hours, he returned to home unexpectedly and found the deceased speaking with the said Muthyam, which infuriated him. He went inside the home and after closing the doors, murdered the deceased by throttling her and went away by closing the doors. He was seen going away in hurried manner by P. Ws. 8 and 9 and also noticed that his shirt was torn at chest part. On a telephonic message passed to the wife of P.W.1, who is one of the brothers of the deceased, that the deceased was in serious condition, P.W.1 along with his mother went to the house of the deceased around 5.30 p.m. and saw the deceased already died. Later, P.W.1 lodged acompliant under Ex.P-1 with the police. On the basis of the complaint, P.W.15, the Sub-Inspector of Police, registered Crime No. 185 of 2004 under Section 302 of I.P.C. and issued FIR under Ex.P-11 and sent the same to the Court. P.W. 18, the Circle Inspector of Police took up investigation, visited the scene of offence on 03-12-2004, conducted inquest over the dead body under Ex.P-4, prepared a rough sketch under Ex.P-12 in the presence of P.W. 1 and another and sent the dead body for postmortem examination. P.W.14, the Civil Assistant Surgeon working in the Area Hospital, Siddipet, conducted postmortem examination and opined that the death was due to asphyxia, fracture of hyoid and compression of hyoid and thyroid region. On 07-12-2004 at about 9-30 AM, P.W.18 apprehended the accused and interrogated in the presence of P.W.12 and another. The accused admitted his guilt and in his presence, the torn shirt was recovered under M.O.2. After completion of the investigation, the police laid the charge sheet. The accused denied the charges and claimed for trial.

(3.) The prosecution, in order to prove the guilt of the accused, examined P.Ws 1 to 18 and marked Exs. P-1 to P-12andM.Os.1 and 2 On behalf of the defence, no oral or documentary evidence was adduced. The lower Court, after carefully going through the oral and documentary evidence adduced by the prosecution convicted and sentenced the accused to imprisonment and fine as stated above.