ASPARI HANUMANTHU Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 11-11-2002 passed in Sessions Case No.2 of 2002 on the file of the I Additional District and Sessions Judge, Kurnool, whereby and where under sole accused-Aspari Hanumanthu was found guilty for the offences under Sections 302 and 326 IPC and was convicted accordingly and was sentenced to suffer Rigorous Imprisonment for life for the offence under Section 302 IPC and Rigorous Imprisonment for one year and fine of Rs.1,000/- in default imprisonment for six months for the offence under Section 326 IPC.

(2.) The appellant is the sole accused in Sessions Case No.2 of 2002 on the file of I Additional District and Sessions Judge, Kurnool. He was put on trial for the offences under Sections 302 and 326 IPC.

(3.) The prosecution case in nutshell is as follows: Accused-Aspari Hanumanthu married P.W.4-Gowramma the daughter of P.W.3- V.Hanumakka. They had a male child out of the wedlock. The accused suspected the fidelity of his wife-P.W.4 and on that score differences arose between them. P.W.1- Sunkappa had a dog bite and therefore P.W.4-Gowramma along with her son aged about eight months came to his house to see him. On 19-6-2001 at about 11 -00 a.m. P.W.1 his wife-deceased Narsamma, P.W.3 H. Hanumakka and the wife of the accused P.W.4-Gowramma were taking meal. The accused went there and demanded his mother-in-law (P.W.S-Hanumakka) to return his child as well as talibottu which he tied to his wife (P.W.4-Gouramma) There upon P.W.1 asked the accused to bring the elders for snapping talibottu and custody of minor child. The accused got enraged and attempted to stab his mother-in-law-(P.W.3 Hanumakka). P.W.1 intervened and came in rescue of P.W.3 and thereupon he received a blow on the left side of ribs and sustained bleeding injuries. On seeing P.W.1 receiving bleeding injury, his wife the deceased intervened and thereupon the accused stabbed her with M.O.3 dagger and thereby caused serious injury, resulting instantaneous death. P.W.3 shifted P.W.1 to Government Hospital for treatment. P.W.10 Dr. C. Sreedevi, Civil Assistant Surgeon examined P.W.1 and found a stab injury over the left side of chest adjacent to left nipple of size x with pleura deep with fresh bleeding. Ex.P-7 is the wound certificate issued by her. P.W.12-C.S. Wali Basha, Assistant Sub-Inspector of Police, Adoni II Town Police Station, received a phone message from Government Hospital, Adoni, regarding admission of P.W.1 in the Hospital for treatment. He rushed to the Hospital, recorded statement of P.W.1, returned to Police station, registered a case in Crime No.40 of 2001 under Sections 324,307 and 302 IPC and issued Ex.P-12-FIR. At about 12-40 p.m. on the same day, the accused himself went to the Police station and informed the police that he received injury due to hurling of stones by neighbours of P.W.1 while he was escaping from Indiranagar of Adoni town. P.W.12 sent the accused to hospital. P.W.10 examined the accused and found one abrasion of size x below the left eye and swelling of upper lip on the lateral side 1"x1". She issued Ex.P-8 wound certificate. P.W.11 A.V. Prasad Rao, Sub-Inspector of Police, Adoni II Town Police Station, took up the investigation went to Government Hospital, Adoni, and examined P.W.1 and recorded his statement under Section 161 Cr.P.C. and seized blood stained clothes-(M.O.1-white half shirt and M.P.2- Banian) under the cover of Ex.P-3 panchanama in the presence of P.W.8 and L.W.13-Nagaraju. He proceeded to scene of offence and conducted inquest on the dead body of deceased Narsamma in the presence of P.W.7-B. Satyanath and L.W.10 Srinivasa Rao. He examined P.Ws.2 to4 and recorded their statements. He seized M.O.6-Blood stained earth and M.O.7-Controlled earth while observing the scene of offence. After completion of inquest, the dead body was sent for post mortem examination. P.W.9-C.H.A. Padmavathi conducted post mortem examination on the dead body of the deceased on 20-6-2001 at 10-15 a.m. and found a stab injury on the left side of chest below the axilla 6 cms. x 2 cms. x 9 cms. He issued Ex.P-6 the Post Mortem report opining that the deceased appeared to have died of shock and hemorrhage due to injury on the vital structural lung 18 to 24 hours prior to post mortem examination.