BOPPANA BEERAIAH Vs. STATE

JUDGEMENT

(1.) The appellant who is the sole accused in S.C.No.404 of 2008 on the file of the VI Additional District Judge, Siddipet, was tried for murder of his own wife and attempting to kill the brother of his wife and was found guilty for both these offences. He was sentenced to suffer imprisonment for life and to pay a fine of Rs.1000/ -, in default, to suffer simple imprisonment for 3 months for the offence under Section 302 IPC and to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.500/ -, in default to suffer simple imprisonment for the offence under Section 307 IPC. Both the sentences were directed to run concurrently. Feeling aggrieved by the same, the appellant filed this appeal.

(2.) The prosecution case, in brief, is as follows:

(3.) About six months prior to the incident, the deceased returned to Machapur village and was residing with her children and PW -1, her elder brother, by constructing a house. About a month prior to the incident, the appellant was released on bail and has returned to the village. He started forcing the deceased to withdraw the case filed against him and as she declined his request, the appellant bore grudge against the deceased. On 29 -11 -2006 at about 6 p.m. the appellant went to the house of the deceased carrying a knife to execute his plan of eliminating his wife. He has found PW -1 being present in front of the house. After arguing with PW -1, the appellant pounced on the latter and stabbed him with the knife causing injuries to his stomach and shoulder, due to which he collapsed on the ground. Meanwhile, the deceased came to the scene and on seeing her the accused attacked her with the knife by pouncing upon her and stabbed on her throat and caused severe injuries and pushed her into a pit, due to which she died on the spot. Hearing the hue and cry, PW -3 and PW -4 rushed to the spot and on seeing them, the appellant went to his agricultural well, washed his blood stained clothes and fled away. PW -4, with the help of others, shifted the injured - PW -1 to the Government Area Hospital, Siddipet in his Auto and admitted him therein for treatment where PW -10 provided PW -1 with first aid and referred him to Gandhi Hospital, Secunderabad after getting his dying declaration recorded.