VEERLA VENKAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the Judgment of the learned Assistant Sessions Judge, Miryalaguda, rendered in S. C. No. 184 of 1992 on 17-12-1992, under which the appellant/accused was convicted for an offence under Section, 307 IPC and was sentenced to undergo rigorous imprisonment for ten years, and also to pay a fine of Rs. 2,000-00, in default to suffer simple imprisonment for a period of six months.

(2.) Facts relating to this appeal may be stated, briefly, as follows :

(3.) PW-2, Kunchala Mohanamma is the wife of the accused. They were married about five years prior to the incident. They lived at Wadapally together for sometime. The accused is stated to have neglected PW-2. Thus, there were differences between them. PW-2 shifted to her parents at Nagarjunasagar. She took up a job in a drugs factory there. Two months prior to the incident, the accused also came down to live at Nagarjunanagar and asked his wife, PW-2 to join him. She refused. According to PW-2, she put up a separate residence. But the accused continued to ill-treat her. While so on 22-1-1992, PW-2 started from her house at about 5.30 a.m. with a view to attend to her duty in the factory. Before that the accused left his house on the pretext of going for taking tea. When PW-2 reached upto CE's Office, the accused called her to him. He asked her to return home and asked her not to attend to her duty on that day. Then both of them were walking back. After some distance, the accused told PW-2 that he persuaded her to believe his words for going back with him only to kill her. She pleaded for mercy. The accused beat her. According to PW-2, while the accused was about to press her neck, a TVS moped vehicle came from opposite side. So the accused stopped his attempt. Thereafter they walked upto pump house. The accused again beat her there. She started weeping. As there were some children in the vicinity, the accused asked her to shut her mouth. She stopped crying. Thereafter, they reached the Officers' club. The accused then held her by shoulder and stabbed her with a knife on her fore-head all along hair line. The accused threw her on the road. Then he sat on her chest and again cut her skin on the left fore-head in continuation of the first injury and then tried to stab on the crown of the head; but the knife fell on her left thumb. When she pleaded for mercy, the accused cut the right palm at the web portion between the thumb and index finger. Then the accused alleged that she was not of good character and stabbed on her chest with the knife . She raised alarm. The accused told her that as she had illicit intimacy with another man, he wanted to kill her. So saying he tried to cut her neck. PW-2 cried loudly. In the meanwhile, a bus and a lorry came all along the road and on seeing those vehicles the accused threw her on the road and ran away from that place. According to PW-2, PW-4, Bonala Chittappa, an employee in Vijaya Vihar Guest House happened to come there. She told him what all had happened. PW-4 took her to K. N. Hospital and got her admitted. According to the prosecution, PW-1, the brother of PW-2 having come to know of this incident went to the Hospital and saw PW-2. At his instance, PW-2 narrated the whole incident to him, as above. He observed the injuries on her person. He went to Police Station and lodged the report. Ex. P-1, on which the PW-6, Sub Inspector of Police, registered a case in Cr. No. 3/92 and issued the FIR Ex P-4, PW-5, Dr. K. Shiva Ramaiah, examined the injured and gave the Wound Certificate, Ex P-3. After completion of the investigation, the charge- sheet has been duly laid.