NAGULONCHA KRISHNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is by the accused in Sessions Case No. 328 of 1994 on the file of the Sessions Judge, Khammam, who by his judgment and order dated 29-1-1996 convicted the appellant herein for the offence punishable under Section 302 of Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 250.00 in default to undergo Rigorous Imprisonment for three weeks.

(2.) Madhira Rural Police registered a case against the appellant/accused for an offence under Section 302, I.P.C. on the ground that he was responsible for causing the death of his second wife Smt. Satyavathi. After completion of investigation, charge-sheet was laid before the Judicial Magistrate of First Class, Madhira and a case was registered as R.P.C.No. 17 of 1994. The learned Magistrate, after seeing that the offence is one which is exclusively triable by a Court of Sessions, committed the case to the learned Sessions Judge, Khammam. The learned Sessions Judge, Khammam, on receipt of papers, took cognizance of the case and registered it as Sessions Case No. 328 of 1994. After hearing both sides, the following charge was framed against the appellant/accused : "That you on or about the 11th day of March, 1994 at about 3.00 a.m., at the house of Naguloncha Nagendramma in Khammampad village cut the throat of your wife Satyavathi and she succumbed to the said injury at about 12.45 hours, while undergoing treatment and thereby committed an offence punishable under Section 302 of Indian Penal Code and within my cognizance." The above charge was read over and explained to the accused/appellant, but he pleaded not guilty. Then, evidence was led in. On prosecution side, 16 witnesses were examined as P.Ws. 1 to 16 and 15 documents were marked as Exs. P-1 to P-15. No evidence was adduced on behalf of defence except marking portions of 161, Cr.P.C. statements of P.W.4 as Exs. D-1 to D-3 After closure of evidence, the accused was examined under Section 313 of the Code of Criminal Procedure. Then, the learned Sessions Judge hear both sides followed by evaluating the entire evidence and reaching the conclusion that the accused/appellant was responsible for causing the death of his second wife Smt. Satyavathi and resulting in his conviction for the offence punishable under Section 302 of Indian Penal Code and sentencing him to undergo imprisonment for life. Hence, this appeal.

(3.) A few facts which are necessary to dispose of the appeal are as follows : The deceased by name Satyavathi is the second wife of the accused/appellant. Their marriage was performed about eight months before her death, on 10-3-1994. Before marrying the deceased, the accused/appellant was married to one Durga of Anigandlapadu village. She is first wife. However, the first wife of the accused/appellant, unable to bear the suspicious nature and the inferiority complex of the accused, divorced him and left him one year after their marriage. Some time later, the accused/appellant married the present deceased as his second wife. The accused, his second wife and her parents are residents of Khammampad. At the time of marriage with the deceased, the accused was having a Barber Shop at Madhira.