SOOGURU SUBRAMANYAM Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal is filed by the sole accused in Sessions Case No.169 of 2001 on the file of the II Additional Sessions Judge, Madanapalle in Chittoor District. He was charged for the offence punishable under Section 302 of the Indian Penal Code (for short 'I.P.C.') for allegedly killing his wife by name Nagamani by smothering. He denied the charge and claimed for trial.

(2.) The case of the prosecution leading to the conviction of the accused is briefly as follows: The accused married the deceased on 30-04-1998 and they used to live happily for some time. Later, the deceased developed illicit intimacy with one Imamvalli, the neighbour of their house. About 12 days prior to the incident, the deceased was seen in the company of Imamvalli while returning in an auto by PW-3. The accused also noticed the said fact, stopped the auto and beat Imamvalli. The accused also warned the deceased suspecting her character. The differences between the accused and the deceased developed, which resulted in quarrels between them during nights. On 16-10-2000 at about 7.30 p.m. there was a quarrel between the accused and the deceased on account of the deceased not discontinuing her illicit intimacy with Imamvalli. On 17-10-2000 at about 6.30 a.m. the deceased was found dead in the house. The doors of the house were locked from outside. PW.1 gave a report to the police and a crime was registered. During the course of investigation, the lock of the room was opened by PW-13 in the presence of mediators PW-12 and another. During the course of investigation, they seized the incriminating material from the scene of offence and inquest held over the dead body of the deceased. Later, the dead body sent for post-mortem examination. After completion of the investigation, the police laid the charge sheet.

(3.) The prosecution, in order to prove the guilt of the accused, examined PWs.1 to 15 and Exs.P-1 to 29 and MOs.1 to 15. No oral or documentary evidence was adduced on defence side. After conclusion of the evidence, the trial Court found the accused guilty of the alleged offence and convicted him for the offence u/s.302 I.P.C. and sentenced him to undergo imprisonment of life and to pay a fine of Rs.200/-, in default to undergo simple imprisonment for one month. Being aggrieved by the judgment of the trial Court dated 03-12-2002 the present Criminal Appeal has been preferred.