KOPPISETTI SATYANARAYANA Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in S.C. No.33 of 2004 on the file of VI Additional Sessions Judge, Rajahmundry preferred this appeal against the judgment of the said Court dated 29-3-2005 convicting him for the offence under Sections 302 and 380 IPC and sentencing him to suffer imprisonment for life for the offence under Section 302 IPC and two years rigorous imprisonment for the offence under Section 380 IPC.

(2.) The prosecution version as unfolded during trial is essentially as follows: The accused is the husband of the deceased - Koppisetti Ganga. Kudupudi Venkata Rao - P.W.1 is the brother; Kudupudi Tirupathamma - P.W.2 is the mother and Kuppisetti Durga - P.W.3 is the daughter of the deceased. The accused, who is the native of Panduru Village, was living with his wife at Anaparthi. The deceased earlier married one Ramana of Jaddangi and blessed with One female child - P.W.3 through him, but due to differences separated with him and got married the accused who is working as coolie. The deceased and the accused used to quarrel with each other for money. On 22-7-2003 the deceased accused and children were slept inside the house and P.W.2 alone slept outside the house after taking their dinner. On the next day i.e., 23-7-2003 morning when P.W.2 woke up, P.W.3 informed her that she did not find the deceased; then P.W.2 went inside the house and found the deceased was in the kitchen covered with a bed sheet and rope was tighten to her neck Later she send the said information to P.W.1, who in turn informed to the Panchayat Secretary - P.W.11. P.W.14 who received a report from P.W.11 registered a case in Cr. No.89 of 2003 for the offence under Section 302 IPC and 379 IPC and issued FIR - Ex.P.13. On issuing the FIR, the Circle Inspector of Police - P.W.15 visited the scene of offence, drafted the observation report, conducted inquest over the dead body of the deceased, examined PWs.1 to 7 and sent the dead body to post- mortem examination. P.W.12 - Civil Assistant Surgeon, Area Hospital, Ramachandra Puram, who conducted autopsy over the dead body of the deceased on 24-7-2003, opined that cause of death may be due to Asphyxia, due to pressure over the front of the neck and accordingly issued Ex.P11-post-mortem certificate. On 22-10-2003 the accused himself surrendered before the Additional Judicial First Class Magistrate, Ramachandrapuram. P.W.15 got recorded the confessional statement of the accused in the presence of the mediators. Basing on which, M.Os.1 to 3-gold ornaments belonging to the deceased were recovered from the accused. The police after completion of the investigation laid the charge-sheet.

(3.) The accused pleaded not guilty and claimed for trial.