NARASAMMA ALIAS LAKSHMINARASAMMA Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment of the Sessions Judge, Anantapur, in Sessions Case No. 70 of 1964. The appellant, who was the sole accused therein, has been convicted of an offence under section 302, Indian Penal Code for the murder of her sister-in-law at about 3 P.M. on 11th September, 1964 in their house in Old Guntakal and sentenced to imprisonment for life. We will in the course of our judgment refer to the appellant as the accused. The main facts of the prosecution case are these : The accused lost her husband about 10 years ago and she with her five children came to live with her mother and brothers in their family house in Old Guntakal. The accused has 3 younger brothers the eldest of whom is Kesava Reddy. The deceased was his wife who was married about 6 years prior to the occurrence. It is said that Kesava Reddy was promised Rs. 1,000 by way of dowry and that he should also receive about Rs. 300 being the cost of the ' Thali' which weighed two tolas. The accused being the eldest of the family and her mother Chowdamma being old, the accused was looking after the afiairs of the family. She was often demanding the deceased to get them the money which was promised. About 2 years after the marriage, the deceased's brother Narayana Reddy (P.W. 9) paid Rs. 360 towards the costs of the ' Thali' and interest due on the cost. He paid the money to Chowdamma. But the promised dowry still remained unpaid and the accused was troubling the deceased often. The deceased was mild and well-behaved which made the accused more insistent and troublesome. Off and on the accused was troubling the deceased. She was finding fault with her for every little slip that she might have committed in her household chores. The family had 5 milch-buffaloes whose milk they sold. The deceased used to draw the milk from the buffaloes and sell the same to one Pinjari Kasamma (P.W. 1), a milk-vendor, who lived by collecting 3 seers in the morning and 2 seers in the afternoon and selling that milk herself and making a livelihood thereon.

(2.) It is the prosecution case that on the day of occurrence the accused beat the deceased with a pestle and also strangled her and throttled her to death bearing a grudge that the promised dowry was not given, apparently finding fault with her that she allowed the calf to draw the milk from the she-buffalo and so the required milk could not be given to Pinjari Kasamma (P.W. 1). On the day of occurrence, the accused went to the fields for weeding grass. Other persons were also employed to weed grass, Eramma (P.W. 3) being one of them. The deceased took cold rice to the field for the accused and her mother Chowdamma. They took the cold rice and the deceased returned home. Kasamma (P.W.1), who was to collect 2 seers of milk in the afternoon, came over at about 2 P.M. (she had referred to the time by the sound of the siren). Lakshmi Devamma i.e., the deceased was the only person then at home. The accused was not there. Her brothers also were absent. She asked Lakshmi Devamma to give the milk. At that time she was going to fetch water from the water tap. Meanwhile she asked her to collect milk from Bandeppa (another person who was selling her milk). After collecting 2 seers of milk from Kuruba Bandeppa's house, P.W. 1 returned to the accused's house. By then Lakshmi Devamma was drawing milk from one of the she-buffaloes. She drew about quarter of a seer of milk. To make up the remainder she tried to draw milk from another she-buffalo. But the she-buffalo got restive and began to kick her. The deceased then asked her to wait for a while. Then she sat on the steps of the pial of the house. It was about 3 or 3-30 P.M. then. The accused returned from the field. She questioned Lakshmi Devamma (the deceased) as to why she did not give the milk to P.W. 1 and was making her wait. Lakshmi Devamma replied that the she-buffalo was kicking.

(3.) The accused became furious saying that the buffalo was kicking because Lakshmi Devamma had allowed the calf to drink away the milk. So saying she picked up a pestle and beat Lakshmi Devamma on the left side of her neck and also on the upper part of her chest. (The witness showed the middle portion). The pestle was 4" in diameter and 3 feet in length. The measurements were shown by the witness. The accused beat Lakshmi Devamma when she was in the ' padasala ' i.e., the main hall of the house. On receipt of the first blow by the side of the neck, Lakshmi Devamma cried 'Amma.' On receipt of the second blow on the chest, she fell down on her back in the main hall. P.W. 1 was frightened and so she left the place. As soon as she came out of the accused's house, she saw one Thimmappa (P.W. 2) rushing into the accused's house evidently having heard the cry of Lakshmi Devamma. Later she came to know that Lakshmi Devamma died. P.W. 2 is a Bus Conductor and a resident of old Guntakal. He lived about a furlong from the accused's house. His junior paternal uncle, Venkataswami, had his house close to the accused's house. There were 4 or 5 houses between the house of the accused and the house of his uncle. He knew the accused and Lakshmi Devamma, the wife of Kesava Reddy. At about 3 or 3-30 P.M. he was going to his uncle's house and was passing in front of the accused's house. He heard a cry ' Amma ' from the accused's house. He stood on the road and saw Kasamma (P.W. 1) rushing out of the accused's house. He asked Kasamma as to what the matter was, but she went away without giving any reply. Thereupon he went into the house of the accused and saw the accused standing with a pestle in her hand in the padasala. Lakshmi Devamma had fallen on the ground in the padasala. It appeared to him that Narasamma (accused) has beaten Lakshmi Devamma with the pestle and Lakshmi Devamma fell down unconscious. So he questioned the accused as to why she had beaten Lakshmi Devamma. The accused resented and retorted that it was their family matter and that he need not show any concern in it. The pestle in the hand of the accused was about 4" diameter and 3 feet in length. Thereupon he went away to his uncle's house and from there to his own house. Later he came to know that Lakshmi Devamma died.