KAMBALA NAGARJUNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE I Additional Sessions Judge, West Godavari, sole appellant filed this appeal challenging Eluru in Sessions Case No. 265 of 2004 by the Judgment, dated 8. 8. 2006 passed by the which he was convicted for the offences punishable under Section 302 and 324 IPC and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 100/- and in default of payment of fine amount, to suffer simple imprisonment for one month for the offence punishable under Section 302 IPC and further sentenced to suffer rigorous imprisonment for three months for the offence punishable under Section 324 IPC.

(2.) THE appellant hereinafter, will be referred as the accused for the sake of convenience.

(3.) THE prosecution case, in brief, is that the accused is a resident of Yernagudem village, Devarapally Mandal, West Godavari district. The deceased is no other than the wife of the accused. They were married about 20 years back and for about 10 years they lived happily and they are blessed with two children. Since about 10 years, the accused started suspecting the character of the deceased and beating the deceased indiscriminately. The village elders held a panchayat and admonished the accused to change his attitude, but there was no change in his attitude. The specific charge against the accused is that on 18. 3. 2004 at about 5 p. m. , he picked up a knife and hacked the deceased on her chest and right leg causing bleeding injuries. Kambala Venkateshwara rao-PW. 11 the brother of the accused intervened and tried to snatch the knife from the hands of the accused and in that process he had also sustained injury. While the deceased was being shifted to government Hospital, Kovvur, on the way she succumbed to the injuries. Therefore, the accused was charged with the offence punishable under Section 302 IPC on the allegation of murdering his wife and for the offence punishable under Section 324 IPC for causing injury to his brother Kambala venkateshwar Rao.