TALARI HANMIAH Vs. STATE

JUDGEMENT

(1.) These are two appeals one out of which is received from the jail by the accused who has been convicted under sec. 302 I.P.C. and sentenced to imprisonment for life by the learned Additional Sessions Judge, Hyderabad by hit judgement dtd. 22/6/1964.

(2.) It arises in the following circumstances. The accused, the deceased and P.W. I. are the residents of Podur village, Savamma (P.W. 5) is the wife of the accused's eider brother who is said to be alive. It was alleged that the deceased had developed illicit intimacy with P.W. 5 some days prior to the death of the deceased. The accused who suspected the illicit intimacy between the two thereafter kept a vigil on the activities of his sister-in-law and the deceased. On 10/3/1964, the accused found from the top of the tamarind tree, the deceased making some overtures to P.W. 3. He got down and chastised the deceased in the presence of P.W. I. who, by chance was there. P.W. I. interfered and put an end to the quarrel. On the same evening, the accused went to P.W. I. and took him out on the pretext of cutting and bringing some fuel which was stored in the nearby forest. P.W. 4 saw both of them going out of the house. P.W. 4 is the elder brother of P.W. I. It is contended that P.W. 1 and the accused first went to the house of the accused wherefrom he brought an axe (M.O.I) There- after, they both went to the hut of the accused which is situate on the outskirt of the village. They remained there for a considerable length of time. At about midnight, P.W. 1 complained that he was feeling sleepy. They therefore returned home obviously abandoning the purpose for which they had started from their houses; that is to say, to collect the fuel. On their way back, they had to pass the house of the deceased. When they came near the house, the accused asked P.W. 1 to go inside the house of the deceased and find out as to what the deceased was doing. P.W. 1 readily complied with the request of the accused and went inside and found the deceased fast asleep. On being informed, the accused went into the house of the deceased with the axe which he already had and inflicted a severe blow on the head of the deceased with the axe P.W. 1 seeing that, chastised the accused for what he had done. The accused is said to have threatened P.W. 1 pointing the axe at him and warned him not to divulge what had happened there. Thereafter the accused and P.W. 1 left the scene of offence. P.W. 1 went to his home which was seen by P.W. 4. The accused went to his house.

(3.) The mother of the deceased who was living with him raised an alarm which was heard by P.W. 3. Hearing that, he rushed to the house of the deceased. He immediately went and reported the matter to the police Patel (P.W. 6) who, after verifying the truth of the report by visiting the scene of offence sent a report (Ex. P-3) to the police through one of his subordinates.