INJATI RAJESWARA RAO Vs. STATE

JUDGEMENT

(1.) THE appellant was charged by the Court of ii Additional Sessions Judge, East Godavari at Rajahmundry, of committing the murder of his wife, by name Injeti Sarada, on 16. 7. 2003. Through judgment dated 5. 4. 2004, the trial Court held that the charge against the appellant is proved and sentenced him to undergo imprisonment for life, and to pay a fine of Rs. 500/-, in default, to suffer simple imprisonment for one month. This appeal is directed against the judgment of the trial Court.

(2.) THE proceedings against the appellant commenced with the submission of the complaint-Ex. P1 by P. W. 1, the daughter of the appellant and the deceased. She stated that her parents were living at Mumbai, whereas she was given in marriage to her maternal uncle, by name ramana, at Vegivaripalem. She alleged that the appellant suspected the character of the deceased and used to beat her frequently, on that ground. About 10 days prior to 16. 7. 2003, P. W. 1 and the deceased were said to have come from Mumbai to vegivaripalem, due to the ill-health of the latter, and were residing in their house. On 16. 7. 2003 at 10. 00 a. m. , the appellant is said to have come from Mumbai to vegirivaripalem and quarrelled with the deceased, for not returning to Mumbai, even after ten days, and soon thereafter, stabbed the deceased on the right side of her stomach, below right shoulder, on the right finger of right hand, right knee, right side of the neck and on the back, indiscriminately. On hearing the cries of Sarada, neighbours-P. W. 4 and certain others, were said to have gathered and shifted her to hospital. After being in unconscious state for sometime, Sarada died due to injuries.

(3.) SOMETIME after this incident, the appellant also caused severe injuries to himself and attempted to commit suicide. The police admitted him in the Government hospital, and sensing that the condition of the appellant is serious, a dying declaration was recorded from him, which is marked as Ex. P7, on 16. 7. 2003. He stated that one day earlier to the date of incident he came from Mumbai, stayed at a lodge and on the next day morning, when he went to the deceased and requested to accompany him, she is said to have replied to the effect that she does not intend to live with him. He stated that the deceased refused to accompany him on account of her illicit relationship with another and unable to bear the insult, he had attacked her with a knife and thereafter tried to commit suicide. The inquest of the dead body was conducted through Ex. P2 and post-mortem of the deceased, vide Ex. P19.