KASIDE RAJENDER Vs. STATE

JUDGEMENT

(1.) The sole accused in Sessions Case No. 87 of 2010 on the file of the Principal Sessions Judge, Karimnagar, filed this appeal assailing his conviction for the offence under Sec. 302 of the Indian Penal Code (IPC) and sentencing for imprisonment for life, and also to pay a fine of Rs. 3,000.00 and in default to suffer rigorous imprisonment for a period of one year.

(2.) The prosecution has laid charge sheet against the appellant with the following allegations. One Gangamma (hereinafter referred to as "the deceased"), a native of Ananthapur Town, married P.W.7 on 20.12.1995 and they were blessed with one son-Kranthi Hasan (LW.8). The deceased had been working as Staff Nurse in District Head Quarters Hospital, Karimnagar, since ten years. The appellant, who is a native of Karimnagar and is the owner and driver of a lorry, married one Rekha of Nanded, in the year 1998 and they were blessed with two male children and in the year 2005 the said Rekha divorced the appellant due to harassment. The appellant developed acquaintance with the deceased and married her on 20.8.2006, they lived happily for a period of four months and later he used to harass her mentally and physically for money, as she is an employee. The appellant used to beat the deceased indiscriminately on which the latter decided to take divorce. She fled O.P. No. 40 of 2009 before the Court of the Senior Civil Judge, Karimnagar, and though notices were sent to the appellant, he refused to acknowledge the same. The deceased also approached the Police on some occasions and lodged written complaints with regard to the harassment of the appellant.

(3.) On 09.10.2009 at 9.30 a.m. P.W.1-Corporator of 12th Division of Municipal Corporation, Karimnagar, lodged Ex.P.1-complaint before P.W.10-Sub-Inspector of Police, Karimnagar Police Station, stating that the deceased and the appellant were living in a rented house of P.W.2, that on 09.10.2009 at 8.30 a.m., P.W.1 came to know that the appellant killed his wife by hitting her with a drainage pipe and throwing a stone on her, that on knowing the same, P.W.1 went to the scene and caused enquiry, that he came to know that they used to quarrel with each other because of their family disputes, that the deceased decided to give divorce to the appellant because of his harassment, that in that connection she approached the Court and the Police, and that the appellant, who disliked the deceased giving divorce to him, had decided to kill her. That on the date of the incident in the premises of the rented house, the appellant came to the deceased, and by uttering as to why she is giving divorce to him and approaching the Police, he took the drainage pipe available there and beat her on her head due to which the deceased collapsed and that he also took a stone and threw on her head, resulting in grievous head injury and her instantaneous death. That the incident was witnessed by P.Ws.3, 4 and 5, who are also the tenants of the house of P.W.2, that on the alarm raised by them, the appellant fled away from the spot. Thus P.W.1 requested the Police for taking necessary action against the appellant.