DILODH ASHOK Vs. STATE OF A P

JUDGEMENT

(1.) THIS is an appeal against the judgment passed by the Additional Metropolitan sessions Judge, Hyderabad in S. C. No. 212 of 2005 whereby and whereunder the appellant was convicted forthe offence punishable under section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 500/-, in default to suffer simple imprisonment for two months.

(2.) FEELING aggrieved by the same, the sole accused before the learned Additional metropolitan Sessions Judge preferred this appeal.

(3.) THE prosecution case, in nutshell, is as follows: the appellant, who was the sole accused before the learned Additional Metropolitan sessions Judge, is the husband of the deceased-Sabitha. Both the appellant and the deceased used to work as scavengers. According to the prosecution, the appellant was suspecting the fidelity of the deceased and was harassing her on that score. While so, on 16. 05. 2004, the appellant and the deceased celebrated their second marriage anniversary by inviting the relatives. They also arranged lunch. All the relatives left the house after having lunch. When PW. 1-Neetusingh, who is the brotherof the deceased, and PW. 2, who is the wife of PW. 1 about to leave the house, the appellant and the deceased requested them to stay at their house along with their children. Accordingly, PWs. 1 and 2 stayed in the house of the appellant and the deceased along with their children. During the said night, all of them slept in one room keeping the doors open, as it was hot summer. While so, at about 3. 45 a. m. , on hearing sound of throwing a grinding stone. PWs. 1 and 2 woke up and found the deceased lying in a pool of blood with a severe head injury and the appellant going away. Soon after receiving the injury with the grinding stone, the deceased died on the spot. When PWs. 1 and 2 tried to catch hold of the appellant, he threw chilly powder into their eyes and escaped from the house. He went to the top of the house and tried to hang himself with a chunni. In the meanwhile, PWs. 3 and 4, who are the neighbours, on hearing the sound, rushed to the spot and noticed the deceased in a pool of blood. They also saw the appellant going to the top of the house and trying to hang himself. Immediately they rushed there and cut the chunni. The appellant fell down on the ground and received injuries. Within two hours i. e. , at about 6. 00 a. m. , on a report lodged by PW. 1, a case in Crime No. 284 of 2004 came to be registered in Vanasthalipuram Police Station. Part of the investigation in this case was conducted by Sri Madhusudhan Reddy-the then Sub-Inspector of Police. Subsequently, the same was taken over by pw. 8-Sri D. Sidda Reddy, Inspector of Police, who after verifying the investigation conducted by the Sub-Inspector of Police and after completing the investigation, filed charge sheet.