UPPUNUTHI PRAKASHAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is by the accused in Sessions Case No 9 of 1995 on the file of the Metropolitan Sessions Judge, Hyderabad, who by his judgment and order dated 17-5-1996, convicted the accused for the offence punishable under Section 302 IPC and sentenced him to undergo imprisonment for life.

(2.) The Dornakal Police have registered a case in Crime No. 23 of 1994 against the accused/appellant on the ground that he committed the murder of the deceased. After completion of investigation, the Circle Inspector of Police laid the charge-sheet and the same was registered as P.R.C. No. 13/94 on the file of the XIII Metropolitan Magistrate for Railways, Secunderabad. The learned Magistrate, after going through the papers, having found that the case is one which is exclusively triable by a Court of Sessions, committed the same to the learned Principal Metropolitan Sessions Judge, Hyderabad. The learned Metropolitan Sessions Judge took cognizance of the case, registered it as Sessions Case No. 9 of 1995 and after hearing the parties, framed the following charge against the appellant/accused.

(3.) A few facts of the case which are necessary to dispose of this appeal are as follows: The deceased Padma Rani is the wife of the accused and daughter of P. W.3 (Susheela). P.W. 2 (B. Kalawathi) is admittedly a close relative of the deceased. P.Ws 2 to 6 are within relations. Since last one year the deceased was residing with her parents at Bommanapally village of Khammam district. The dispute arose between the accused and the deceased as he had a kept mistress as such the accused beat her and sent her away. There is nothing on record to show that some Criminal case has been filed by the deceased against accused in the above regard. One month before the occurrence, the accused with his alleged concubine, asked the deceased to come and live with him. When the deceased refused the altercation took place. Eight days prior to the incident, the accused noticed the deceased moving closely with male persons at Kothagudem. Because of this, the accused is said to have caused the death of his wife, the deceased.