LATIKA KOTESWARA RAO Vs. SATE OF A P

JUDGEMENT

(1.) THE learned Sessions Judge, Guntur, framed three charges against the appellant herein, viz. , 1) that he committed the murder of his daughter Latike Lakshmi durga, aged about 3 years, by beating her with a stick, and thereafter threw her into the waters of Guntur Canal, and thereby committed offence under Section 302 i. P. C; 2) that he attempted to commit the murder of his wife, by name, Latike venkata Lakshmi Kumari, and thereby committed the offence punishable under section 307 I. P. C; and, 3) that he caused disappearance of the evidence by throwing the dead body of Lakshmi Durga, into water, which is an offence punishable under Section 201 I. P. C. Through its judgment dated 18-01-2006, the trial Court held all the charges against the appellant, proved. It sentenced him to undergo imprisonment for life, for the offence under the first charge; rigorous imprisonment of five years and fine of Rs. 500/-, for the offence under second charge; and rigorous imprisonment for three years with fine of Rs. 300/-, for the one, under the third charge. All the sentences were directed to run concurrently. Hence, this appeal.

(2.) THE appellant was married to Venkata Lakshmi Kumari, PW-1, and they had a daughter, by name, Lakshmi Durga. It was alleged that the appellant developed illicit intimacy with one Jainabee, and used to hate and abuse his wife, PW-1, particularly, after the latter has seen the appellant, in the company of jainabee. On 23-06-2003, the appellant is said to have taken PW-1, and their daughter, lakshmi Durga, on a TVS Moped, to the agricultural fields, to remove the thorny bushes, at about 3:00 p. m. When both of them were in the work, at about 5:30 p. m. , there was rain, and they went to a motor shed nearby the Guntur Canal bund. The appellant is said to have questioned PW-1, as to why she has informed others about his illicit intimacy with Jainabee, and that he vowed to eliminate PW-1.

(3.) IN the process, the appellant is said to have hit PW-1 with a stick, on her neck, and when she tried to ward off, she received the blow on her hands. It is alleged that the appellant indiscriminately beat her on the ribs, mouth etc, and when their daughter, Lakshmi Durga, come there weeping, he beat her and thereafter, driven PW-1 in the injured condition, into the canal, hardly with any water. Thereafter, he is said to have left the place, together with the daughter. In the early morning of 24-06-2003, PW-1 is said to have gained conscious, when it rained; came out of the canal, and was lying on the road, nearby it. Her father, PW-2, and brother are said to have noticed her, and thereafter, taken to the Hospital. Her statement, Ex. P-1 was recorded by the police, and F. I. R. was registered.