LAWS(APH)-2007-12-69

MANGAMMA Vs. STATE OF A P

Decided On December 03, 2007
V.MANGAMMA Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) THE appellant figured as A. 1 in S. C. No. 398 of 2002 on the file of III additional Sessions Judge, Tirupati. Herself and another, by name P. Sivakumar reddy (A. 2), were accused of committing murder of the husband of the appellant, by name V. Meghavarnam Reddy, on 29. 06. 2002. During the trial, A. 2 died and the case was proceeded against the appellant alone. Through its judgment, dated 22. 11. 2004, the trial Court found the appellant guilty of the offence under section 302 of I. P. C. , and sentenced her to undergo imprisonment for life. She was also fined a sum of Rs. 1,000/-, and was directed to undergo simple imprisonment for a period of one month, in default of payment of fine. The appellant was also convicted for the offence under Section 201 read with 34 i. P. C. , and for this offence, she was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for one month. Both the sentences were directed to run concurrently.

(2.) THE prosecution alleged that the appellant developed illicit intimacy with a. 2 and being unhappy with this development, the deceased admonished them, on several occasions. On 29. 06. 2002, the appellant and A. 2 were said to be in the house of the deceased and that the latter came at 10. 00 p. m. On seeing A. 2, the deceased is said to have caught hold him and in the meanwhile, the appellant is said to have brought a pistol and gave a severe blow, on the head of the deceased, and he died on the spot. Thereafter, the appellant and A. 2 are said to have shifted the deadbody, on a TVS moped, to a culvert of a road, three kilometers away from the village, and kept the same, in a cement pipe.

(3.) THE deadbody is said to have been first seen by PW. 3, who in turn, informed to PW. 2, the village servant. PW. 2 and PW. 1, the Village administrative Officer, are said to have proceeded to the place where deadbody is kept, on 02. 07. 2002, at 8. 00 a. m. , and lodged a report with the police, which is marked as Ex. P. 1.