DASARIGALLA CHANDRAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the order of conviction and sentence passed by II Additional Sessions Judge, Mahaboobnagar in S. C. No. 118 of 2003 whereby and whereunder the appellant was convicted for the charge under Section 302 IPC and was sentenced to undergo imprisonment for life. The prosecution case in a nutshell is as follows. Smt. Mitta Sailamma hereinafter called the deceased is a resident of tatiparthy village in Jadcherla Mandal of Mahaboobnagar District. P. W-5 Mitta pedda Jangaiah is her husband. P. Ws-1 to 3 viz. , Mitta Maheswari, Mitta shivaiah and Mitta Ushanna are the children of the deceased and P. W-5 Mita Pedda jangaiah. A-2 Mitta Balaiah who was acquitted by the trial Court is the younger brother of P. W-5 Mitta Pedda Jangaiah. A-1, the appellant herein is the brother-in-law of the said Balaiah. A-2 was suspecting that the deceased was practicing sorcery, (chetabadi) using the same against his wife and because of the said Black art his wife was not begetting children. It is said that the wife of A-2 underwent abortions twice on account of the sorcery used by the deceased against her.

(2.) ON 03. 07. 2002 at about 2. 00 p. m. there ensued a quarrel between the deceased and her husband (P. W-5) in regard to a family matter and thereafter p. W-5 left to his in- laws place at Malleboinapally village. Subsequent thereto, Balaiah came upon the house of the deceased and picked up a quarrel with her on the ground that she was using sorcery against his wife. It is said that in the course of the quarrel A-2 threatened the deceased with dire consequences.

(3.) WHILE so on the intervening night of 3/4. 07. 2002 at about one hours while the deceased and her husband viz. , P. Ws-1 to 3 were sleeping in front of their house, P. W-3, the son of the deceased woke up on hearing the cries of P. Ws-1 and 2 as "champe champe". When P. W-3 asked P. Ws-1 and 2 as to what happened, they informed him that Chandraiah, the appellant herein who is the brother-in-law of a-2 stabbed their mother with knife on her back and also on her hands. On hearing the cries of P. Ws-1 and 2, the neighbours viz. , Macharam Chennaiah P. W-4, Macharam Venkamma (L. W-5) and others residing in the vicinity also woke up and came to know about the incident through P. Ws-2 and 3. They also tried to catch hold of the appellant who was running away, but the appellant escaped into the darkness.