GOGU NARSAMMA Vs. STATE OF A P

JUDGEMENT

(1.) The present criminal appeal is preferred against the calendar and judgment passed by the learned Prl. Sessions Judge, Nalgonda in S.C. No.213 of 2003 dated 20.8.2004 convicting and sentencing accused to undergo imprisonment for life and to pay a fine of Rs. 1,000/- in default to undergo simple imprisonment for three years.

(2.) The case of the prosecution in brief is as follows:

(3.) Shankaraiah lodged a report with the police on 20.12.2002 complaining that on 19.12.2002 at about 11-00 hours when he returned back home, he came to know that his wife Narsamma killed their 2nd daughter, Madhavi, aged 8 years by strangulation, he found a rope and ligature marks around the neck of deceased Madhavi. Basing on his report, the police registered a case in Crime No.76 of 2002 under Section 302 Indian Penal Code, issued First Information Report, and held inquest over the dead body of Madhavi, which was subjected to post-mortem examination which revealed that she died due to asphyxia on account of strangulation by ligature. Investigation revealed that Narsamma disliked her husband's proposal to marry her 2nd daughter Madhavi with fostered son of his sister-Anjamma and challenged that she would rather kill Madhavi than perform the marriage of her daughter with the fostered son of Anjamma. So, her husband took both their daughters to Hyderabad and kept them with his parents but on insistence of his wife, he brought back Madhavi alone back to his village. Suspecting that her husband may perform marriage of Madhavi with the fostered son of Anjamma and nephew of her husband, on 19.12.2002 at about 2 p.m. while her husband was away, she strangulated Madhavi by a plastic wire and killed her. Police arrested her on 2.1.2003 and sent for remand. Thereafter, on completion of investigation, the Circle Inspector of Police laid a charge-sheet against her for an offence under Section 302 Indian Penal Code.