ALAKUNTA SRINIVASULU Vs. STATE OF A P

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 11-3-2004 passed in Sessions Case No.271 of 1999 on the file of the II Additional Sessions Judge, Nellore, whereby the learned n Additional Sessions Judge found accused Alakunta Srinivasulu guilty for the offences under Sections 302 and 324 I.P.C and convicted him accordingly and sentenced him to undergo imprisonment for life and pay a fine of Rs.5,000/- in default to suffer simple imprisonment for six months for the offence under Section 302 I.P.C. and fine of Rs.5,000/- in default to suffer S.I. for six months for the offence under Section 324 I.P.C.

(2.) Appellant is the sole accused in Sessions Case No.271 of 1999. He was put on trial for the offences under Sections 302 and 324 I.P.C.

(3.) The prosecution case in brief is : Accused-Alakunta Srinivasulu and PW-2-Alakunta China Pitchaiah are agnates and they owned agricultural lands adjacent to each other. Alakunta Seshamma (hereinafter referred to as 'the deceased' for brevity) was the wife of PW-2-Alakunta China Pitchaiah. The accused was pestering the deceased to have illicit intimacy with him for over three years prior to the occurrence. PW-2, the husband of the deceased complained before PW-3-Vutukuru Audi Murthy, a village elder, about the conduct of the accused. PW-3 called the accused and enquired him. The accused stated to have denied of such overtures. However, PW-3 advised the accused to stop his illicit intimacy with the deceased, if any. On 7-7-1998 at about 8-00 a.m., the deceased accompanied by her daughter- PW-1-Alakunta Padmavathi went to the field for sowing paddy seedlings. While the deceased and PW-1 were attending work in the field, the accused, who owned a field nearby, armed with an axe went around his field and thereafter came to the field where PW-1 and the deceased were working, caught hold of the deceased by tuft of hair and hacked her with an axe on right side neck. When PW-1 intervened and requested the accused not to kill the deceased, the accused allegedly pushed her down and in that process the axe fell from his hands, then he picked up a knife from his waist and stabbed the deceased on chest, abdomen and back. When PW-1 resisted the accused from giving blows by holding the knife, she too received injuries on middle finger and ring finger of right hand, and right wrist. PWs.4 to 6 who were attending work nearby field heard the cries of PW.l, reached the scene and witnessed the occurrence. When PWs.4 to 6 tried to intervene, the accused allegedly warned them not to come nearer him. The cries of PW-1 drove the attention of U. Subrahmanyam-LW-7 and some other villagers and on seeing U. Subrahmanyam and PW-4, the accused ran away towards west. The deceased was shifted on a plastic wire cot from the field of Mahalaxmi Rachabanda tree in the village. The husband of the deceased-PW-2 who was working in Narayana College, Nellore, came to know of the death of the deceased and reached the village at 10-00 a.m. PW-1 accompanied by PW-4 went to Nellore Rural P.S. and lodged a report. PW-12 Inspector of Police reduced the report of PW-1 into writing and obtained her left hand thumb impression thereon. Ex.P-1 is the report of PW-1 scribed by PW-12. He instructed Head Constable 801 (PW-11) to register a case on the basis of Ex.P-1. PW-11 received Ex.P-1 report and registered a case in Crime No. 136 of 1998 under Section 302 I.P.C. and issued Ex.P-8-FIR. He sent PW-1 to Government Head Quarters Hospital, Nellore for medical examination. PW-10-Dr. P. Sreedhar medically examined PW-1 on the same day at 2-20 p.m., and found the following injuries on her person. (1) A lacerated wound over her right wrist region, 6x2 cm transversely placed. (2) A lacerated wound over right 3rd and 5th finger 1x1 cm. He opined that the injuries are simple in nature and issued Ex.P-7 wound certificate accordingly. PW-12 inspected the scene, collected blood stained earth, blood stained green grass and controlled earth (M.Os.6 to 8) under the cover of Ex.P-2 scene of offence panchanama in the presence of PW-7 and another. He also prepared a rough sketch of the scene, which has been exhibited as Ex.P-9. He got the scene of offence photographed through one Ganjula Sri. Ex.P-10(A) to (H) are the photographs along with the corresponding negatives. He conducted inquest over the dead body of the deceased in the presence of PW-7- Bellamkonda Sankaraiah, and three others namely Bellamkonda Lakshmaiah, Bellamkonda Ramanaiah and Baru Chitti Babu near Mahalakshmamma pial, Korivarikhandriga Village. Ex.P-3 is the inquest report. After the inquest, the dead body was sent through PW-9-A Vijaya Mohan, P.C.No.2153 of Nellore P.S. for post-mortem examination. PW-8-Dr. Y. Sanjeeva Rao held autopsy on the dead body of the deceased and issued Ex.P-6 post-mortem report opining that the deceased died of shock and hemorrhage due to multiple injuries between 24 to 30 hours prior to the commencement of post-mortem examination. He further opined that the injury No.1 was possible by weapon like M.O.I, whereas the other injuries are possible by weapon like M.O.2 and of the injuries, injury No.l proved to be fatal. On 13-7-1998 at about 9-00 a.m., PW-12 arrested the accused at Dhaanalakshmipuram area and recovered M.Os.l and 2 in pursuance of his disclosure statement in the presence of PW-7 and one A. Eshwaraiah. Ex.P-4 is the admissible portion in the confessional statement of the accused and Ex.P-5 is the seizure panchanama in respect of M.O.I axe and M.O.2 sickle. PW-12 sent all the material objects to Regional Forensic Science Laboratory, Vijayawada. Ex.P11 is the RFSL Report. After completing the investigation, he laid the charge-sheet before the IV Additional Judicial First Class Magistrate, Nellore.