KILLADI MAHESH Vs. STATE OF A P

JUDGEMENT

(1.) This appeal under Section 374(2) CrPC is directed against the judgment dated 26.08.2010 passed by the learned VII Additional Sessions Judge (Fast Track Court), Visakhapatnam, in Sessions Case No.13 of 2010, whereby the appellant/accused was convicted of an offence punishable under Section 302 IPC and sentenced to suffer rigorous imprisonment for life; pay a fine of Rs,100/- and in default thereof, undergo simple imprisonment for 15 days.

(2.) The case of the prosecution before the Sessions Court was as follows:

(3.) According to the Head Constable (P.W.6), even before receiving Ex.P.1 report from P.W.1, he had received a phone message from Gollapalem Village and reached the scene of the offence, whereupon P.W.1 submitted Ex.P.1 report to him. P.W.6 stated that he then registered a case in Crime No.28 of 2008 under Section 302 IPC and completed the necessary formalities. Ex.P.8 is the FIR. The Inspector of Police, Kothakota Circle (P.W.8), commenced investigation and prepared the scene observation report (Ex.P.4) in the presence of panchas (P.W.4, P.W.5, K. Sambamurthy (L.W.14), M.Sathibabu and M.Devudamma). Ex.P.5 is the inquest report. P.W.8 thereupon examined P.Ws.1 to 3, Durga Prasad (L.W.2), Miryala Kalyanam (L.W.3), Shaik China Ammanna (L.W.5) and Kondapalli Rajulamma (L.W.7) and recorded their statements. He sent the dead body of the deceased for post mortem examination. P.W.7, the Civil Assistant S u rg e o n , Area Hospital, Narsipatnam, conducted the post mortem examination and ultimately opined that the cause of death, to the best of his knowledge, might have been due to asphyxia due to strangulation associated with organophosphorous poison, an insecticide. Ex.P.9 is the post mortem examination report. Ex.P.10 is the report of the Andhra Pradesh Forensic Science Laboratory and Ex.P.11 is the final opinion dated 05.12.2008 of P.W.7. P.W.8, the I.O., further stated that on 10.09.2008 at about 8.30 A.M., P.W.5 and K.Sambamurthy (L.W.14) produced the accused before him along with his confessional statement (Ex.P.6) dated 10.09.2008. P.W.8 stated that he also recorded the confessional statement of the accused (Ex.P.7) in the presence of the same mediators, arrested the accused and sent him for judicial remand. P.W.9, the Inspector of Police, Kothakota Circle, who took charge on 19.10.2008, stated that he found that the entire investigation in the case had been completed by his predecessor, P.W.8. He further stated that upon receipt of the report of the Forensic Science Laboratory (Ex.P.10), he laid the charge-sheet on 29.12.2008, alleging that the accused had illicit intimacy with the deceased and had caused her death by strangulation after getting her to consume poison and therefore committed an offence punishable under Section 302 IPC. The charge framed by the Sessions Court however read to the effect that on the night of 29.08.2008, the accused committed the murder of his concubine, the deceased, by strangulation.