PATHLAVATH DEVAMMA,W/O PATHLAVATH CHINNA BALAYA Vs. STATE OF TELANGANA, REPTD , BY PUBLIC PROSECUTOR, HYDERABAD

JUDGEMENT

(1.) The sole accused in Sessions Case No.811 of 2007 on the file of the learned I Additional Sessions Judge, Mahabubnagar filed this Criminal Appeal feeling aggrieved by her conviction for the offence under Section-302 IPC and sentencing her to suffer rigorous imprisonment for life apart from imposition of fine of Rs. 1,000/- and in default, to suffer simple imprisonment for one month, vide judgment, dated 27.07.2011.

(2.) The case of the prosecution in brief is as follows:

(3.) P.W-1 is the first wife and the appellant is the second wife of the deceased. That on 21.4.2007 at 8 am, P.W-1 lodged a complaint at Mahabubnagar Rural Police Station stating that her marriage with the deceased was performed about 25 years back; that she begot two daughters from the wedlock; that as she had no male issues, a second marriage between the deceased and the appellant was performed about 14 years back, but the appellant remained issueless; that the appellants father and the elder brother used to quarrel with the deceased demanding him to give half of 6 acres of land to her; that finally, they hatched a plan to do away the life of the deceased; that accordingly, on 20.4.2007 at about 7 pm, the appellant brought one liquor bottle and forcibly made the deceased to consume it; that on the same night, at about 8.30 pm, the deceased and the appellant went to the thrashing yard in order to guard paddy; that on next day morning, as her son-in-law has prepared to go to his village, her younger daughter went to the fields to call the deceased, who returned crying; that on enquiry, she disclosed that the neck of the deceased was chopped and he was in a pool of blood; and that they rushed to the spot and found cut injury on the throat and injuries of an axe on the head and neck of the deceased. On receipt of the said complaint, a case in Crime No.103 of 2007 was registered for the offence under Section 302 IPC and express F.I.Rs were sent to all the officers concerned.