SYED JAHANGEER Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is instituted against judgment, dated 27.7.2010, in Sessions Case No.256 of 2008 on the file of the learned II Additional Sessions Judge (Fast Track Court), Adilabad, whereby he has convicted the appellant for the offence under Section-302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and also to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for three months.

(2.) The prosecution case, in brief, is that the accused is the uncle of the deceased (husband of the maternal aunt of the deceased) and is a resident of Chamanpally Village of Laxmanchanda Mandal. The deceased was a resident of Shaik sahabpet, Nirmal. Since a long time prior to the date of occurrence, there were family disputes between the accused and P.W-2-his wife. On account of these differences, P.W-2 came to Nirmal and started residing with her mother-P.W-1, whose portion of the house is situated in the same premises belonging to the deceased. On 06.5.2006, the accused came to the house of P.W-1, picked up quarrel with P.W-2-his wife and beat her mercilessly. Meanwhile, P.W-1, L.W-2-Akram Bee and the deceased intervened and rescued P.W-2 from the hands of the accused. Thereupon, the accused uttered talak twice to P.W-2 and threatened her with dire consequences that he will see her end and that of her family members and went away. Due to summer season, P.W-1, L.W-2, the deceased and other family members slept in front of their house on the cots and on the floor. On the intervening night of 06/07.5.2006, the accused, who bore grudge against P.W-2 and her family members, came to their house with a knife, mercilessly cut the throat of the deceased when he was in deep sleep on the cot and ran away from the spot.

(3.) At about 07 hours on 07.5.2006, P.W-1-the mother of the deceased went to the Police Station and lodged a report in Telugu about the occurrence leading to the death of the deceased. On receipt of the report, L.W-16-Sub-Inspector of Police, Nirmal Town Police Station registered Crime No.108 of 2006 for the offence under Section-302 IPC and issued express FIRs to all the officers concerned duly examining and recording the statement of P.W-1. Thereafter, P.W-9- Circle Inspector of Police, Nirmal took up investigation, visited the scene of offence, examined and recorded the statements of the witnesses, got the dead body of the deceased photographed with the help of L.W- 7-Bandari Raghu, secured the presence of P.W-6 and L.W-13- Shaik Ahmed, conducted inquest over the dead body of the deceased, during which, he has seized the blood stained earth, control earth, wearing apparels of the deceased, one blood stained piece of navar, blood stained cap of the deceased and blood stained piece of bed cloth under the cover of inquest for chemical analysis. Thereafter, the dead body of the deceased was sent to Government Hospital, Nirmal for conducting autopsy. P.W-9 examined and recorded the statements of L.Ws.8 to 11, who include P.Ws.3 to 5. On 09.5.2006, the accused surrendered himself before the Judicial First Class Magistrate, Nirmal-P.W-8 along with the crime weapon admitting his guilt about the commission of offence. P.W-8 recorded Ex.P-4- confessional statement of the accused, seized the crime weapon, remanded the accused to judicial custody and forwarded the accused to judicial custody. The Court of the Judicial First Class Magistrate, Nirmal forwarded the crime weapon i.e., knife used by the accused in the commission of offence to the Regional Forensic Science Laboratory, Warangal for examination and report and obtained the same. P.W-7-Medical Officer, Nirmal who conducted autopsy over the dead body of the deceased has issued Ex.P-3-post-mortem report opining that the cause of death of the deceased was due to shock and hemorrhage due to cut throat injury. After collecting the evidence, P.W-9 filed the charge sheet.