CHINTHALA VEERABHADRA RAO Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment dated 16. 04. 2005 in sessions Case No. 353 of 2004 on the file of the II Additional Sessions Judge, warangal, whereunder and whereby the appellant/sole accused was found guilty of the offences, (i) under Section 302 I. P. C. , convicted therefor and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 1,000/- in default to undergo simple imprisonment for one year; (ii) under Section 498a I. P. C. , convicted therefor and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- in default to undergo simple imprisonment for six months.

(2.) THE brief facts that are necessary for disposal of this appeal are as follows: marriage of the accused with Ch. Aruna (hereinafter referred to as 'the deceased') was performed about 14 years prior to the incident. They were blessed with two sons. Thereafter, they migrated to Mallampally village and for about 30 days prior to the incident, they started living in a rented house belonging to P. W. 4. During the lifetime of the deceased, the accused was suspecting her fidelity. He never allowed her to speak with anybody. On the next morning of the incident, P. W. 4 and her daughter-in-law went to the rented house to water to the newly constructed walls, and the former opened the doors of the house and found dead body of the deceased covered with blanket and bed sheet. She pulled the same and found her neck was tied with a saree and blood was oozing from head injury. She raised cries and on hearing her cries, neighbourers came there. They informed about the incident to P. W. 1, who is no other than the mother of the deceased. When she came to the scene of occurrence, the accused and his two sons were found missing. Thereafter, she lodged Ex. P2-complaint. Police registered the case and investigated into. After inquest, the dead body was subjected to post-mortem examination. The scene of occurrence was observed, and incriminating material seized from the scene of occurrence, were sent to the Forensic Science Laboratory. The Doctor, who conducted post mortem examination, found that the deceased died as a result of head injury. After completion of investigation, police laid the charge sheet.

(3.) THE substance of the charges framed against the appellant/ accused are as follows: firstly, that on or about 2. 8. 2003 at 2. 00 AM, at the house of P. W. 4 at mallampally village, the accused did commit murder by intentionally causing death of his wife Ch. Aruna by beating with an iron rod and by strangulation and thereby committed an offence punishable under Section 302 I. P. C. Secondly, that on the same date, at the same time and place mentioned in the first charge, and also from about 20 days prior to the incident, the accused subjected his wife Ch. Aruna to cruelty and thereby committed an offence punishable under Section 498a I. P. C. When the charges were read over and explained to the accused, he pleaded not guilty and claimed to be tried.