MADASU RAMBABU Vs. STATE OF A.P.

JUDGEMENT

(1.) Madasu Nirmala Kumari was found dead in the early hours of 19.11.2008 in the sump at her house at Cheruvu Bazar, Khammam. Her husband, Madasu Rambabu, was charged with her murder, punishable under Section 302 IPC, in Sessions Case No.241 of 2010 on the file of the learned Principal Sessions Judge, Khammam. He was also charged under Section 498-A IPC of committing the offence of demanding additional dowry of Rs.50,000/- and a motorcycle. By judgment dated 21.02.2011, the Sessions Court held him guilty on both charges and sentenced him to life imprisonment apart from paying a fine of Rs.100/-, in default of which he was to suffer rigorous imprisonment for one month, for his conviction under Section 302 IPC and to rigorous imprisonment for one year apart from paying a fine of Rs.1,000/-, in default of which he was to suffer rigorous imprisonment for three months, for his conviction under Section 498-A IPC. Aggrieved thereby, Madasu Rambabu, the accused, is in appeal under Section 374(2) CrPC.

(2.) The history of the case, in brief, is as under:

(3.) Thereupon, P.W.12 registered Crime No.248 of 2008 under Section 302 IPC. Ex.P13 is the FIR. He again visited the scene of the offence where he filled in the Crime Details Form and drew up a rough sketch in the presence of mediators. Ex.P4 is the Crime Details Form along with the rough sketch. He seized the shirt and pant (M.Os.1 and 2) found near the water sump. He got photographed the body of the deceased. Ex.P2 is the set of photographs with negatives. He sent for the Tahsildar, Khammam, and upon arrival, the Tahsildar conducted an inquest over the dead body. The body was then sent to the Government Hospital, Khammam, for post-mortem examination. P.W.12 drew a water sample from the sump for diatom test. He also recorded the statements of P.Ws.1 to 5 on the same day. He then handed over the case to the In-charge Station House Officer, Women Police Station, for further investigation. The DSP (Trainee), Khammam (P.W.13), then took up investigation. On 04.12.2008, she examined P.W.6 and P.W.10. She collected Ex.P12 medical certificate of the accused from P.W.10. On 16.12.2008, the accused surrendered before her. He was arrested and remanded to custody. The investigation was then continued by the Circle Inspector of Police, Khammam Town (P.W.14). He obtained the post-mortem examination report (Ex.P7), F.S.L. reports (Exs.P8 and 11), a report from Siddhartha Medical College (Ex.P9) and the final opinion on the post-mortem examination (Ex.P10). After completion of the investigation, he laid the charge sheet. The charges framed by the Sessions Court against the accused read as under: