GURRAMKONDA CHINNABBA ALIAS VENKATARAMAIAH Vs. STATE

JUDGEMENT

(1.) THE accused, Gurramkonda Chinnabba, who was convicted by the Sessions Judge, Chittoor, under Section 302, IPC and sentenced to imprisonment for life has preferred this appeal.

(2.) THE prosecution version of the incident is as follows. The accused and the deceased were husband and wife and had four children. After their house in Divitivaripalle was destroyed by fire, the accused, along with the members of his family, migrated to Erlampalle, took on rent the house of P.W. 14 and resided therein. During their stay in that house, the mother of the deceased and a grandchild of the accused died and the deceased for sentimental reasons was pressing her husband to go back to Divitivaripalle.

(3.) THE first question, therefore, is whether the learned Judge was justified in accepting the evidence of P. W -3 given in the committing Magistrate's Court as substantive evidence. P. W -3 is 13 years old. He is son of the accused. Ex. P -2 is the evidence given by this witness before the committing Magistrate. After narrating the circumstances under which his parents were quarrelling and after stating that his mother went inside the house followed by his father, who bolted the door from inside, he described had had taken place inside the house thus: