PARSINENI VENKATESWARLU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE appellant is the accused in S. C. No. l of 2004 on the file of the VI Additional District and Sessions judge, Fast Track Court, Markapur. He was tried for the offences punishable under sections 302 and 201 IPC. The learned sessions Judge found him guilty of the offence punishable under Section 302 IPC, convicted and sentenced to undergo imprisonment for life and to pay a fine of rs. 200/-, in default to suffer two months rigorous imprisonment.

(2.) THE case of the prosecution, in brief, is that P. W. 3 is the brother-in-law and p. W. 4 is the husband of the deceased mandla Subbamma (hereinafter referred to as 'the deceased' ). The material witnesses, the deceased and the accused are resident of Kondepalli Village. The accused had illicit intimacy with the deceased and in that connection, P. Ws. 3 and 4 chastised the deceased. On 28. 8. 2002, PW12-Panchayat Secretary of Seethanagulavaram came to know that the dead body of the deceased was found on the road between seethanagulavaram and Borugunthalapadu villages. He went there, saw the dead body of the deceased and sent a written report, drafted by the Assistant Panchayat secretary, to Thadivaripalli Police, and the same was marked as Es. P14, on the basis of which, P. W. 13-Sub-Inspector of Police registered a case in Crime No. 30 of 2002 under Section 174 Cr. P. C. and issued ex. P16-FIR. On the same day, P. W. 13 took up investigation. He visited the scene of offence, prepared observation report-Ex. P 11, drew rough sketch-Ex. Pl7 in the presence of P. W. 10 and another, held inquest over the dead body of the deceased in the presence of P. W. 12 and another under ex. Pl5-inquest report and recorded the statements of PWs. 2, 4, 12 and others. Thereafter, he visited Seethanagulavaram village and also recorded the statements of p. Ws. 8 and 9. On the next day, he recorded the statements of P. Ws. l, 3 and 6. On 28. 8. 2002, at about 2. 00 p. m. , p. W. 14-Medicai Officer, Area Hospital, markapur, conducted autopsy over the dead body of the deceased and opined that the cause of death was due to ingestion of insecticide poisonous substance 'endosulfan', at the time of post-mortem examination, p. W. 14 had taken and preserved two vaginal semen's, two swabs from the vulvas stain and viscera- and were sent to FSL. Ex. P27 is the FSL report. Ex. P25 is the post-mortem report and Ex. P26 is the final opinion. On 31. 8. 2002, about 6. 00 p. m. , on receipt of Ex. P4 alleged extra judicial confession through P. Ws. 5 and 7, P. W. 13 altered the section of law to Section 302 IPC, arrested the accused and issued altered FIR Ex. P18 thereafter, he recorded the statements of p. Ws. 5 and 7. On 1. 9. 2002, at the instance of the accused, P. W. 13 went to the scene of offence, prepared the scene of observation report Ex. P5, drew the rough sketch-Ex. P24 and recovered zenax tablets empty strip-M. O. l, a bottle with a cap-M. O. 2 and Atlas cycle-M. O. 3 in the presence of P. Ws. 5 and 7. Then, the accused was sent to judicial custody. On 4. 9. 2002, at the instance of the accused, P. W. 13 seized the clothes of the accused under M. Os. 4 to 6 and pesticide tin-M. O. 7 under Ex. P20 in the presence of p. W. 11 and another. The material objects were sent to FSL. Thereafter, the accused was sent to DNA test. Ex. P28 is the DNA report. After completion of investigation and after collecting the required documents, p. W. I5-Circle Inspector of Police filed the charge-sheet,

(3.) THE substance of the charges against the accused is that on 27. 8. 2002 at about 11. 00 a. m. , near Nallavagu, situated in Kondepalli Village, the accused caused the death of one Mandla Subbamma by administering sleeping pills (Zenax) and pesticide for the offence punishable under section 302 IPC and thereafter, he carried the dead body of the deceased and placed on the way leading to Gorugunthalapad with an intention of screening himself from legal punishment for the offence punishable under Section 201 IPC. The plea of the accused is that of total denial. The accused denied the charges.