THANGIRALA KALYANI Vs. STATE

JUDGEMENT

(1.) These appeals are preferred by the accused (A. 1) in S.C. No. 82/94 on the file of the Sessions Judge. Nellore assailing the conviction and sentence inflicted upon her to undergo imprisonment for life for the offence punishable under Section 302, IPC., for causing the death of her husband Thangirala Hanuma Prasad (here in after referred to as the deceased). However A. 2 was found not guilty and accordingly acquitted.

(2.) The case of the prosecution is that about 2 and half months prior to 30-7-1993 appellant's marriage was performed with the deceased and prior to marriage appellant was residing with her sister Ramadevi in the house of her maternal aunt Veluri Lalithamma of Janathapet. During her stay there, she developed illicit intimacy with A. 2. Her maternal aunt advised her to severe her connection with A. 2 but the appellant did not heed her advice. Then she sent appellant to Ammavaripalem to her parents house. Subsequently the marriage of the appellant with the deceased was performed against her wishes. The deceased P.W. 1 and their family members have no prior knowledge about this fact and aspirations of the appellant. Thereafter the appellant went to her in-laws house and did not maintain cordial relations with the deceased and with the in-laws. P.W. 1 had a fond hope that the appellant would change her attitude by severing her connection with A. 2. However she planned to elope with A. 2 and was waiting for an opportunity. As the passion towards A. 2 was developing very strong, she started ill-will towards her husband. She felt that the deceased was an obstacle in her love affair. The appellant and A. 2 met at railway station on 30-7-1993 in the presence of P.W. 6 Shaik Rafi, Tailor, where the appellant and A. 2 conspired to commit murder of the deceased and later to elope. P.W. 6 over-heard this. After returning from railway station on the same day 8.30 p.m. the appellant mixed poison used for killing rats in the food and served the poisonous food to the deceased. The remaining unused portion of poison powder was concealed in her purse and kept the same in her trunk box. The appellant and the deceased went to the upstairs of the house of P.W. 1 to sleep, whereas P.W. 1 and his sons P.Ws.2 and 3 were sleeping in the ground floor. In pursuance of the plan, A. 2 went to the house of P.W. 1, armed with knife and by the time he reached upstairs, he found the deceased fell asleep and appellant was waiting for his arrival. It was 11 p.m. by the time A. 2 reached the place and in pursuance of their common intention to commit murder of the deceased, the appellant beat the deceased with pestle over his head, A. 2 stabbed the deceased over his face and caused multiple injuries. The deceased who was in deep sleep went to the state of unconsciousness. A2 escaped from the scene of occurrence under the impression that the deceased succumbed to the injuries on the spot. The appellant was also under the impression that the deceased died on the spot. The appellant in order to create an impression in the minds of her in-laws and whomsoever that may come to the scene of offence that some thieves committed the murder of the deceased, removed one pair of gold bangles, one pair of silver leg chains, one gold chain with pearls and one yellow thread with two gold that bottulu, black beeds and two small keys which were on her person at the time of committing the above offence and threw them away outside of the house of P.W. 1 near to the scene of offence and rushed down the upstairs shouting 'thieves', 'thieves'. After hearing this, P.Ws1 to 3 woke up and on enquiry came to know from the appellant that thieves snatched away the gold ornaments from her. As the deceased did not accompany the appellant. P.W. 1 went to the upstairs and found the deceased in a pool of blood in an unconscious state. Then P.W. 3 Tangirala Sree Rammurthy took the deceased to the hospital and the deceased succumbed to the injuries on the way to the hospital. Meanwhile A. 1 went out of the house and proceeded towards southern side. P.W. 4 Keena Venkata Subba Rao woke up on hearing the galata at the house of P.W. 1 came out and found the appellant going alone. When he asked the appellant about her movement, she confessed to him that she committed murder of her husband by causing head injury to him with a pestle and so saying the appellant managed to escape. Then P.W. 5 Rasaputra Bhagath Singh also went to the house of P.W. 1 after learning about the death of the decease and while searching for clues of the offenders, they found gold jewellery worn by the appellant in the premises of P.W. 1. Later P.W. 1 found the appellant absconding and suspected that the appellant committed the murder of his son and gave a report to Kavali Town Police Station at about 2 a.m. on 31-7-1993 and his report was registered as a case in Crime No. 114/93 under Section 302, I.P.C., by S.I. of Police. The S.I. of Police P.W. 16 took up the investigation, inspected the scene of offence at 7 a.m. on 31-7-1993 in the presence of mediators and seized the blood stained earth, blood stained bed sheets and one pestle at the scene of offence. He also seized the gold ornaments which were thrown by the appellant after commission of the offence under a mazahar. Inquest was held over the dead body of the deceased in Government Hospital at 9 a.m. on 31-7-1993. During the course of investigation, on 3-8-1993 at about 5 a.m. the Inspector of Police, Kavali P.W. 17 and his staff, in the presence of mediators, arrested the appellant in Bitragunta Railway Station and seized blood stained langa from her person and recorded the confessional statement under cover of mahazar attested by mediators. A. 1 led them along with mediators to the house of P.W. 1, opened the trunk box and poison box. P.W. 17 seized the purse and the poison packet in the presence of mediators under a mahazar. The Inspector of Police and staff went to the house of A. 2 and pointed out to him as to who participated in the offence. As he was trying to escape, he was detained by the police and after arrest, the Inspector of Police seized one knife produced by A. 2 from his house which was used in the commission of offence. The Medical Officer who conducted autopsy over the dead body of the deceased, opined that the cause of death was due to shock and haemorrhage due to head injury, fracture of both parietal and frontal bones. On 8-3-1993 at about 10 a.m. P.W. 1 identified one pair of gold bangles, recovered by police during the course of investigation as belonging to the deceased's wife and other ornaments belonging to the appellant, all worn by her just prior to the commissions of offence. After completion of investigation, a charge-sheet was filed before the Additional Judicial First Class Magistrate, Kavali which was registered as P.R.C. No. 42/93. As the offence alleged is one exclusively to be tried by the Sessions Court, the learned Magistrate committed the case to the Sessions Court, Nellore. The learned Sessions Judge after verifying the records, took cognizance of the offence punishable under Section 302. IPC., against the appellant and A. 2-Raghu and registered the case in S.C. 82/94 and the following charge was framed :

(3.) In order to prove its case the prosecution has examined as many as 17 witnesses and marked 19 documents. On defence side, one J. Rama Rao, the then correspondent of Eenadu was examined as D.W.1, 161 statement of P.Ws3 and 7 were marked as Exs.D.1 and D. 2. So also the relevant portions at page Nos. 1 and 3 published in Eenadu newspaper dated 1-8-1993 were marked as Exs.D.3 and D. 4. The prosecution also made use of M.Os.1 to 14.