KOLAKALURI KOTAMMA Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in S.C.No.8 of 2005 on the file of the II Additional District and Sessions Judge (Fast Track Court), Ongole, is the appellant herein. She was convicted by the learned Additional Sessions Judge for the offence under Section 302 IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default, simple imprisonment for three months.

(2.) Briefly stated prosecution case is as follows: The appellant is the wife of the deceased Kolakaluri Bhaskara Rao. P.Ws. 1, 2 and 5 are the brothers of the deceased. P.W. 9 is the son of the appellant and the deceased. The marriage of the appellant with the deceased was performed about 30 years prior to the incident. P.W. 9 and two female children were born to them. According to the prosecution, the deceased was suspecting the fidelity of the appellant, on the ground that she had illicit intimacy with one Sundara Rao and on that score, there used to be some quarrels between the appellant and the deceased. Ultimately, on the night of 2/3-3-2003, while both the appellant and the deceased were sleeping in the house, the appellant pressed the neck of the deceased while he was in unconscious state and as a consequence thereof he died. Thereafter, she escaped from the house and she was not to be seen for a period of two months since then.

(3.) On the morning of the next day, P.W. 1 went to the house of the deceased to call him to coolie work, found the deceased dead and the appellant absent in the house. Subsequently, on a report lodged by P.W. 1 at 17.00 hrs on 3-3-2003, the sub-Inspector of Police registered a case in Cr.No.6 of 2003 under Section 174 Cr.P.C. After receiving the report from FSL to the effect that the deceased died to asphyxia due to pressure over the neck, P.W. 1 altered section of law from Section 174 Cr.P.C. to 302 IPC. Subsequently, P.W. 12, Sub-Inspector of Police, Ongole, took over, completed investigation and filed charge sheet.