GOVINDU Vs. STATE OF A P

JUDGEMENT

(1.) SOLE accused Govindu in S. C. No. 425 of 2005 on the file of the learned I Additional sessions Judge, Chittoor, calls in question in thiscriminal appeal his conviction and sentence for the offence under Section 302 IPC. The charge against him is that on the night on 27-06-2005, he did commit murder by intentionally and knowingly causing death of geethamma, wife of Venkatesu by stabbing her with a pen knife on her throat by the side of cart track near Konamakulapalle, damarabandagutta of Santhipuram Mandal.

(2.) PROSECUTION case as set out in Ex. P-1 report is as follows:-

(3.) P. W. 1 is the husband of the deceased. P. W. 2 is the relation of P. W. 1. P. W. 3 is the resident of Kenamakulpalle. He does not speak of any circumstances relating to the incident and, therefore, his evidence is not of much use to further the prosecution case. P. W. 4 is the witness to speak of the accused and one woman going together towards Settiballa village. P. W. 5 did not support the prosecution and the prosecution declared him as hostile and marked his statement under Section 161 cr. P. C. as Ex. P-2. P. Ws. 6 and 7 did not support the prosecution and the prosecution declared them as hostile and marked their statements under Section 161 Cr. P. C. as exs. P-3 and P-4. P. W. 8 is the panch witness for the inquest held on the dead body of the deceased. He did not support the prosecution and the prosecution declared him hostile. P. W. 9 is the doctor who conducted autopsy on the dead body of the deceased and issued ex. P-6 post-mortem report. P. W. 10 is the panch witness for the inquest. The inquest report is marked as Ex. P-5. P. W. 11 is the panch witness for the confession and recovery of M. Os. 1 to 3 in pursuance of disclosure statement of the accused. M. 0. 1 is the knife and M. Os. 2 and 3 are the wearing apparels of the accused. P. W. 12 is the Investigating Officer.