IN RE RAGEPALLE 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. Ten days before the event, P. W. 13 brought her for a festival. The accused also came there later for the festival. Two days after the festival, the accused wanted to take the deceased with him, but she refused to go protesting that she was suffering in his house. The accused stayed on and both he and his wife used to sleep inside the house. On the night of 31st March, 1956, as usual, the deceased and the accused slept in one room while P. W. 4, another daughter of hers and the younger son slept in the verandah. P. W. 13 and the eldest son slept in the fields. At about 4 a. m., the deceased rushed out of the room crying that she was stabbed by her husband. These cries attracted P. W. 4, P. W. 5 the sister and P. Ws. 6 and 7 two of the neighbours to the scene. She told P. W. 6 and others that her husband had stabbed her. These persons went inside the room from which the deceased emerged and found the accused lying in a pool of blood with an injury on his stomach and blood-stained dagger in his hand. Meanwhile, P. W. 13 on hearing the commotion returned home to be told of what had happened. The two injured persons, the accused and the deceased, were removed to the hospital at Madanapalle. P. W. 13 who accompanied the injured to Madanapalle went to the house of the village-Munsif of the place, P. W. 11, living within a few furlongs from the hospital and intimated him about the occurrence. Then both of them went to the hospital and after seeing the victim, the Village-Munsif recorded the statement of P. W. 13 which is marked as Exhibit P-12 the contents of which are as follows:

(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. He questioned her as to how she was injured and she answered and he recorded her statement in her own words. There are no infirmities attaching to this statement. This dying declaration is corroborated by P. Ws. 4, 6 and 7. P. W. 4, the mother of the girl, after testifying to the ill-treatment meted out by the accused to the deceased and to bringing her to their house for the festival said that the accused also went to their house four days prior to the occurrence and after the festival he asked her and her husband to send the deceased, but they refused to comply with the request as the deceased was unwilling to go with the accused. The accused continued to stay in the house and every night the deceased and the accused used to sleep in one room while she and her other children were sleeping outside. Her husband and the grown-up sons used to sleep in the fields. On the night in question, the accused and deceased slept as usual in one room. Just before day-break, she heard the deceased crying that she was dying immediately. The deceased came out opening the door and fell down near her in the verandah. She noticed a stab injury on the abdomen of her daughter and intestines protruding. Hearing the cries of her daughter P. Ws. 6 and 7 living opposite to her house came there. The deceased told P. W. 6 that her husband had stabbed her. Then, P. Ws. 6 and 7 went into the house. They came back and said that the accused was lying down with a 'bichuva' in hand and he had also an injury in his abdomen. Be that as it may, a number of people had gathered. Some time later, her husband and her son, P. W. 12 came there. The deceased was put in a cart and was taken to Madanapalle. P. Ws. 5, 6 and 7 confirm the version given by P. W. 4.

(3.) The plea of the accused in the Courts below was one of denial. He also denied having made a statement to the Magistrate. He only admitted that he slept with the deceased that night in the house of his father-in-law.