STATE OF A P Vs. M NAGESHWAR RAO

JUDGEMENT

(1.) This appeal is preferred by the State against the judgment of acquittal dated 27.10.2004 passed in S.C. No. 349 of 2001 on the file of the Court of I Additional Metropolitan Sessions Judge, Hyderabad.

(2.) The case of the prosecution, briefly stated, is as follows: The accused Nageshwar Rao married the deceased Laxmi Kumari on 30.4.2000 at Annavaram Temple, East Godavari District and both of them are native of Khammam District. The accused is a B.Tech Mechanical Engineer and working at Ameerpet, Hyderabad. They were residing at Yellareddyguda in the house of Smt. Saroja as tenants for the past one year prior to the date of incident. Though they lived happily for some time, subsequently differences arose between them and due to frequent quarrels with his wife on several issues initially the accused decided to commit suicide and for that purpose he procured cyanide from his friend Brahmachary (PW-4), who is a goldsmith by profession. However, due to increased non-cooperation of the deceased on the issues like food, wearing of dresses, sending money to his parents, stay of his brother in his house with them, taking her to USA with him etc., the accused changed his mind and wanted to get rid of his wife and was waiting for opportunity to do away with the life of his wife. While so, on 2.9.2000 at about 4 p.m. or so the deceased expressed her desire with the accused to have a cool drink. The accused immediately went to a nearby general store and purchased Limca soft drink and brought the same to nearby STD booth cabin and mixed some quantity of cyanide, which he was possessing, in the Limca bottle and gave it to his wife for consumption. When she requested him to share the said Limca, he avoided the same and went away from the house on the pretext of attending urgent work at the Computer Institute. The deceased consumed some quantity of the said Limca and collapsed in the house. When the house owner PW-7 received a phone call for the deceased and went to the portion of the deceased to call her, she did not get any response when she knocked the door and then she peeped through the window and saw the deceased lying on a chair. She immediately called PW-3 maidservant and both of them shifted the deceased to Mytri hospital. In the morning of 3.9.2000, the brother of the accused informed PW-1 the father of the deceased through phone that his daughter Laxmi Kumari fell seriously ill and was admitted in the hospital. Immediately, he along with his wife rushed to Hyderabad on the same day and went to the hospital and found their daughter in unconscious state. While undergoing treatment, the deceased was declared dead by the doctors of Mytri Hospital on 3.9.2000 at 8.30 p.m. There upon, PW-1 went to the police station and lodged a complaint before the Police, S.R. Nagar Police Station at 9.15 p.m. stating that he received message about his daughter's illness and he came to Hyderabad and he does not know under what circumstances his daughter died and therefore to look into the matter and take necessary action. Basing on Ex.P-1 complaint given by PW-1, the police initially registered a case in Cr.No. 589 of 2000 under Section 174 of the Code of Criminal Procedure and took up investigation and shifted the dead body to Gandhi Hospital for post mortem examination. PW-15, S.I. of Police, visited the place of occurrence and conducted scene of observation panchanama under Ex.P-5 and also prepared rough sketch Ex.P-6 in the presence of mediators PW-12 and another. As the deceased died under suspicious circumstances within seven years of her marriage, he sent a requisition to the Revenue Development Officer for deputing the Mandal Revenue Officer for conducting inquest. PW-11 Mandal Revenue Officer conducted inquest on the dead body of the deceased in the presence of the mediators PW-9 and another and she also examined the parents of the deceased and recorded their statements. PW-14 Civil Assistant Surgeon, Gandhi Hospital conducted autopsy over the dead body of the deceased on 4.9.2000 at Gandhi Hospital and preserved the visra for the purpose of sending it to FSL for analysis. When the statements of PWs 1 and 2 were recorded, they have expressed doubt over the husband of the deceased and the brother-in-law of the deceased for the death of their daughter. Therefore, the then Investigating Officer altered the Section of Law from Section 174 Cr.P.C. to Sections 498-A and 306 IPC. On 7.9.2000 PW-18 Investigating Officer arrested the accused and interrogated him in the presence of PW-12 and another and then the accused voluntarily confessed before the mediators that he killed his wife by mixing cyanide in the Limca soft drink and made her to drink the same on 2.9.2000 at 4.30 p.m. in his house, according to his pre-arranged plan as the deceased was non-cooperative with him in his conjugal life and she always used to quarrel with him over several issues. After receipt of Exs.P-15 and P-16 FSL reports and after completion of investigation, due to the transfer of PW-18, the successor of PW-18 filed charge sheet against the accused for the offence punishable under Section 302 IPC.

(3.) The learned V Metropolitan Metropolitan Magistrate, Hyderabad registered the same as P.R.C. No. 16 of 2001 and furnished copies of the documents to the accused and as the offence alleged against the accused is exclusively triable by the Court of Session, the learned Magistrate committed the case to the Court of Session vide committal order dated 30.7.2001. After such committal, the learned Metropolitan Sessions Judge, Hyderabad numbered it as S.C. No. 349 of 2001 and made over the case to the Court of I Additional Metropolitan Sessions Judge, Hyderabad for disposal.