KOTHAPALLI PRASAD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Sole accused in Sessions Case No.166 of 2017 on the file of the Court of the learned III Additional District and Sessions Judge, Tirupati, is the appellant in the present Criminal Appeal. He was tried and convicted by the learned Additional Sessions Judge under Sec. 302 IPC and was sentenced to suffer imprisonment for 'Life' and also to pay a fine of Rs.500.00 (Rupees Five Hundred only), in default to suffer Simple Imprisonment for a period of three (3) months.

(2.) Substance of the charge is that on the intervening night of 26/27/11/2016 at about 1.00 a.m., while the accused was in sound sleep, his wife K. Sumathi (hereinafter referred to as "the deceased") tied his legs with a towel and attempted to kill him by pressing a pillow on his face, but the accused woke up from sleep and pushed the deceased aside, firmly pressed her neck and fisted on her chest, as a result of which she fell unconscious on the TV stand, and in the same process he picked up a pillow and pressed it on her face and mouth and killed her, thereby committed an offence punishable under Sec. 302 IPC.

(3.) Case of the prosecution, briefly, is as follows:-