PUBLIC PROSECUTOR Vs. PAPANNA

JUDGEMENT

(1.) The State has preferred this appeal against the acquittal of the accused-respondent of the charges framed against him under Section 302, I. P. C. for causing the murder of his wife, and under Section 392, I. P. C. for committing of the crime, murder.

(2.) The case of the prosecution briefly stated is thus: Thus deceased Gowramma was married to the accused about ten months prior to the occurrence. Before here marriage one other person wanted to marry her, but ultimately P. W. 2, who brought her up, gave her in marriage to the accused. The accused was teasing her about the other suitor and this led to frequent quarrels between the husband and wife. According to P. W. 2, she has once, about a month prior to the occurrence, complained to him that her husband was not treating her properly. The brother of accused, P. W. 1 has also stated that his sister-in-law, the deceased, was not treated properly by his brother, the accused, and that there were frequent quarrels between the couple. On 20-12-1964 the accused accompanied by his wife, the deceased, went to the forest area, about a mile from the village to collect firewood. At the time when he left the house, he had taken a knife or cutting sickle and his wife accompanied him. P. W. 3 was the person who saw the deceased and the accused going together. She had also accosted the accused. When accosted by P. W. 3, the accused told her that he and his wife were going to the forest to collect fire-wood, and they did not return that night (Sunday evening) nor anything was known about the accused and the deceased till Friday morning. On the morning of Friday, 24-12-1964. P. W. 4 came and informed P. W. 1 that he saw a dead body in the forest. Then P. W. 1 collected some persons and went to the forest area and there discovered the corpse of his deceased sister-in-law covered with an upon cloth (M. O. 2) belonging to his brother (accused and also a knife(M. O. 1) which the accused had carried with him while going to the forest. He then went to the Village Munsif (P. W. 6) and gave a report Ex. P. 1 stating that the corpse of his sister-in-law was discovered in the forest area. The village Munsif sent report. Ex. P. 1 along with his printed reports to the Magistrate and the Sub-Inspector of Police. P. W. 15, the Sub-Inspector of Police, registered a case on the strength of Ex. P1 and issued express F. I. Rs. to all the concerned superiors and proceeded to the scene of occurrence reaching there by 4 a. m. on 28-12-64. At the time of the inquest, he seized the bill-hook (M. O. 1), towel or upper cloth covered on the body of the deceased (M. O. 2) and jewellery on the person of the deceased.

(3.) P. W. 12, the Civil Assistant Surgeon of Kuppam was sent for to the scene of occurrence and he arrived at the scene of occurrence at about 1. 30 P. M. on 29-12-1964. He commenced autopsy on the highly decomposed body of the deceased at 2. 30 P. M. and found the following external injuries: