EESAMPALLI SRINIVAS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard the learned Counsel for the appellant appointed by the Legal Services Authority and the learned Public Prosecutor for the State.

(2.) This Criminal Appeal arises out of conviction and sentence of the appellant in Sessions Case No. 299 of 2011, dated 14.05.2012, passed by the learned Judge, Family Court-cum-Additional Sessions Judge, Karimnagar, for the offence under Section 302 IPC.

(3.) The case of the prosecution was that the brother of the deceased came to Huzurabad Police Station on 13.10.2010 at about 22.30 hours and lodged a complaint stating that on the said day at about 08.30 pm his sister was killed by the appellant by hitting her with a pestle. In the complaint he stated that at about 11 years back his elder sister - Eesampalli Saritha, loved the appellant and married him. They were blessed with one son aged about 10 years and a daughter aged about 9 years. After their marriage, the appellant's sister, mother and brother started harassing the deceased physically and mentally demanding additional dowry. Unable to bear the said harassment, three years back, the parents of the deceased gave Rs. 20,000/- and also gave Rs. 10,000/- about one month back. The appellant used to work as tractor driver previously and is not working at present. He is addicted to vices and his wife used to maintain their family by doing tailoring work. The appellant suspected the character and chastity of the deceased and used to pick up quarrels without any reason. On the fateful night, the appellant went to the house in a drunken condition with an intention to kill his wife, started quarrelling about her character and chastity, picked up a pestle and beat her on her head. At that time one Sri. Chelluri Shravan Kumar witnessed the incident and immediately informed the same to him. On receiving the information, he along with his family members went to the house of the accused and noticed that his sister was struggling for life. They immediately shifted her to Government Civil Hospital, Huzurabad. The duty doctor examined and declared her dead at about 9.30 pm.