SANTHAVARAPU VENKATESHWARLU Vs. STATE OF AP

JUDGEMENT

(1.) THESE two appeals are preferred by santhavarapu Venkateshwarlu (A-2) and thammishetti Ankamma (A-1) against the very same judgment dated 18-04-2006 passed by the V Additional District and Sessions judge, (III Fast Track Court) Nalgonda at miryalguda, in S. C. No. 443 of 2005 whereby and whereunderthe learned Sessions Judge convicted A-1 forthe offence punishable under section 302 IPC and A-2 for the offence punishable under Section 302 r/w Section 34 ipc and sentenced them to suffer imprisonment for life and to pay a fine of rs. 5000/- each, in default, to suffer rigorous imprisonment for one year. They were also convicted for the offence punishable under section 201 IPC and sentenced to suffer rigorous imprisonment foroneyearand to pay a fine of Rs. 1000/- each, in default, to suffer simple imprisonment for three months. Both the sentences were ordered to run concurrently.

(2.) THE substance of the charge framed against the accused are that on 28/29-12-2004 at about 1. 00 a. m. near rallavagu Thanda in the village limits of bothalapalem, A-1 committed murder of one thammisheti Nagulumeera (hereinafterreferred to as'the deceased') by strangulating him with toweland pressing his throat with herright leg, and thereafter A-1 and A-2 dragged the dead body of the deceased to a distance with an intention to screen the evidence.

(3.) THE prosecution story as narrated during the course of trial, briefly stated as follows. A-1 is a resident of Yemmajigudem Village, a-2 is the resident of Thakkellapadu Village. P. W. 13 is the son of A-1 and P. W. 14 is the elder brother of the deceased. They are also the residents of Yemmajigudem Village. A-1 is the wife of the deceased. A-1 married the deceased about 20 years back and they were blessed with children. The deceased and A-1 left their village Yemmajigudem of Bellamkonda mandal about 14 years back for eking out their livelihood by meansof stone cutting and resided at Dachepally village. A-2, who is working in powder mill at Dachepally, used to attend cooliworkfor loading stones in the Tractor. He used to visit the stone cutting place of the deceased and made friendship with A-1. In that process, he also developed illicit intimacy with A-1 sincesix years. When the said illegal intimacy has come to the notice of the deceased, he started harassing A-1 and A-2 to discontinue their intimacy. As the deceased is an obstacle in continuing their illicit intimacy, they decided to do away with the deceased. About four years back, the deceased shifted his house along with A-1 and children to his native place Yemmajigudem Village and thus he has become obstacle for A-1 and A-2 to fulfill their sexual desire. But A-1 used to visit dachepally and continued her illicit intimacy with A-2. On 28-12-2004, the deceased and a-1 visited Dachepally, as the youngerfather-in-law of A-1 died. After burial of the dead body, a-1 took the deceased to the check post of dachepally at about 9. 00 p. m. and visited the powder mill where A-2 was working. After completion of his duty A-2 came out, met. A-1, and decided to eliminate the deceased. They went to the check post of Dachepally as per their preplan and took the deceased to rallavagu Thanda in a lorry at about 11. 00 p. m. They went to the house of P. W. 7 and consumed liquor. From there, they went to the house of P. W. 6 where A-2 and deceased consumed liquor. Further, they took I. D. Liquor for Rs. 20/- in a plastic bottle and while proceeding towards Bette Thanda they met p. W. 8 on the road. A-1 told that the deceased is her husband and proceeded further. At about 1. 00 a. m. they reached nearthe hillock situated near Rallavagu Thanda where A-2 consumed liquorand also made the deceased to consume liquor, which was brought by them. When the deceased was in intoxicated condition, A-2 caught hold of his legs and hands while A-1 tookthe towel of the deceased, and strangulated him with the towel and forcibly killed him by pressing his throat with her right leg. Later A-1 and A-2 went to the house of p. W. 6, handed over the empty liquor bottle, which was taken by them. They again consumed liquor of Rs. 10/- and went to the scene of offence to see whether the deceased died or not. After confiriming that the deceased died, they dragged the dead body to a distance. A-1 took the towel of the deceased, A-2 removed the shirt of the deceased and covered the dead body with lungi and reached to the canal culvert and hid the objects. Later they went to Dachepally and boarded the lorry.