BAGEPALLE CHENGAPPA Vs. STATE

JUDGEMENT

(1.) THIS is a case of a wife's murder. The appellant was charged under section 302 for the murder of his wife said to have been committed on the 1st April, 1956 and also under section 309, Indian Penal Code, for attempt to commit suicide after stabbing his wife. The deceased, the daughter of P. Ws. 13 and 4, father and mother respectively was married to the accused a year prior to the occurrence. Ever since she went to live with her husband, the deceased was being beaten and ill -treated by the accused. She often complained to her parents about this mal -treatment and when she came to her parents' house she was unwilling to go back to her husband on two or three occasions but the parents persuaded her to go to her husband's house.

(2.) THERE are no direct witnesses to the occurrence and the prosecution case rests mainly on circumstantial evidence. The dying declaration is one of the main circumstances against the appellant. P.W. 1 the magistrate who took down the statements of Venkatalakshmamma stated the circumstances in which her statement was recorded. The witness has spoken to the deponent being quite conscious and talking, that the Woman Assistant Surgeon certified that the injured woman was conscious and after satisfying himself that she was in a condition to give a statement he proceeded to take it down.

(3.) THE Sessions Judge acting on the dying declaration and the evidence of P. Ws. 4 to 7 held the accused guilty and sentenced him to death as stated above. He also placed reliance on Exhibit P -4 in support of his conclusion. The sentence of death has come up for confirmation and the accused has preferred the appeal against his convictions and sentences.