LANKE MOHANA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant, who was accused No.1 in Sessions Case No.197 of 2007, filed this appeal, feeling aggrieved by judgment dt.11.06.2010, of the Sessions Judge, Mahila Court, Vijayawada, convicting him for the offences under Section 302 and 201 of the Indian Penal Code (IPC), and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000/ - for the offence under Section 302 of IPC and, also sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000 in default, to undergo simple imprisonment for three months for the offence under Section 201 of IPC, with the direction that both the sentences shall run concurrently.

(2.) The case of the prosecution is briefly stated hereunder. Accused Nos.1 and 3 were partners in a venture by name MM Fabrications in SR Complex, Autonagar, Vijayawada. Accused No.1 married the deceased about twelve years back and were blessed with a son and a daughter. Earlier, when the couple were residing in the house of P.W.5 in Ayyappanagar, accused No.1 developed illicit contact with accused No.2, an unmarried woman, who was working as a saleswoman in a clothes shop at Besent Road. The deceased questioned accused No.1 about the illicit relationship between him and accused No.2, as informed to her by L.W.10. As a result of the said relationship between accused No.1 and accused No.2, the deceased and accused No.1 had strained feelings against each other. Accused No.2 shifted her residence to RTC Colony, but accused No.1 continued his relationship with accused No.2. The differences between the deceased and accused No.1 became a routine. Accused No.1 and the deceased have shifted their residence to the upstairs portion of the house of one Jnana Prakasha Rao (P.W.2). In view of the persistent disputes between the deceased and accused No.1, the latter has taken an ultimate decision to get rid of the former as he perceived the same to be the only solution to the problem in order to keep his relation with accused No.2, in tact. Accused No.1 took the help of accused Nos.2 and 3 to eliminate the deceased.

(3.) As per their pre -plan, on 17.08.2006, when accused Nos.1 and 3 were in the house, deceased and accused No.2 went to the house and a quarrel ensued between accused No.1 and the deceased. Accused No.2 shut the front side doors and prevented the deceased from going out of the house. As the deceased was resisting, accused No.1 with one hand shut her mouth and sealed her lips, and with his other hand throttled her. Accused No.3 caught hold of the deceased tightly while accused No.2 thrashed the deceased with forcible fists on her every vital part and accused No.1 hit the head of the deceased to the wall and accordingly accused Nos.1 to 3 have caused her violent death. The three accused dragged the deceased into the bathroom, kept her in the sitting position and set her ablaze by pouring kerosene, giving a colour that the deceased attempted to commit suicide, and created a scene as if accused No.1 forcibly opened the bathroom door dismembering the inner bolt. On noticing the smoke billowing up, P.W.2 and the neighbours rushed to the scene of offence and in the process, accused No.2 slipped away through the staircase. Accused No.3 remained with accused No.1 and the latter declared to the on -lookers and the kith and kin of the deceased that the deceased has committed suicide by setting herself ablaze. On coming to know about the incident, P.W.1, the brother of the deceased, gave Ex.P.1 - report, which was registered as Crime No.487 of 2006, under Section 174 of CrPC. P.W.17 investigated the crime during which he has inspected the scene of offence and prepared a rough sketch in the presence of P.Ws.12 and 13, besides getting the scene of offence photographed by P.W.15. P.W.17 has also got inquest conducted over the dead body of the deceased in the presence of P.Ws.12 to 14 on the dead body and the same was sent to post -mortem examination to know the cause of the death. P.W.16, the Medical Officer, who conducted the post -mortem examination over the dead body of the deceased, issued Ex.P.14 post -mortem certificate and gave opinion pending analysis report of Viscera to rule out poisoning. The material objects were forwarded to the concerned experts under letter of advice. P.W.16 gave Ex.P.15, his final opinion for the cause of the death to the effect that the same was due to 'combined effect of pressure on various part of body - mouth, face, nose neck, chest, abdomen, upper and lower limbs, head, perineal regions, palms and soles, smothering and strangulation (palm on strangulation), mugging, garrotting, burk and gagging with post -mortem findings and tongue protruded, petechial haemorrhages and associated injuries notched potentiate injuries. Based on the medical evidence, the case was re -registered for the offences under Sections 302, 498 -A and 201 of IPC on 25.04.2007 at 20.00 hours, by P.W.18, who has after verification of the record of investigation made by P.W.17 and P.W.20, further examined the material witnesses and recorded their statements in detail, besides collecting the evidence against the accused. P.W.18 arrested accused Nos.1 to 3 on 28.04.2007 at 06.00 hours at D.No.56 -3 - 26/5, Ramineninagar, in the presence of L.Ws.22 and 23, and got the confession of the accused recorded in the presence of the said list witnesses. The accused were remanded to judicial custody. P.W.18 sent requisition on 14.05.2007 for test identification of accused Nos.2 and 3 by P.W.7, and during the test identification parade conducted by III Additional Chief Metropolitan Magistrate, Vijayawada (P.W.19), P.W.7 identified the accused and stated that he was present at the time of the death of the deceased at the scene of offence and left the place after the incident. P.W.19 recorded Section 164 CrPC statements of P.W.4 and his sister (L.W.9). P.W.18 has filed the charge sheet against all the accused.