SHAIK KHADAR BESHA Vs. STATE OF A P

JUDGEMENT

(1.) APPELLANT/sole accused who was put on trial for the offence under Section 302 IPC in s. C. No. 304 of 2006 on the file of III Additional sessions Judge, Guntur convicted and sentenced to imprisonment for life by judgment dated 4-9-2006 filed this appeal challenging the conviction and sentence recorded against him.

(2.) THE gravaman of the charge against the accused is that on 10-12-2005 at 11. 30 p. m. he murdered his wife - Shaik Imambi in a rented house of Kidambi Thirurmalachari nagar,sangadigunta,guntur by turning round his lungi around the neck of the deceased.

(3.) THE prosecution story as narrated during the course of trial may briefly be stated as under: the accused is the husband of Shaik imambi (herein after called as "deceased")who is the daughter of P. W. 1. The deceased and her parents are natives of Prakasam district and in search of livelihood they were migrated to Gannavararn, Krishna district 20 years back. Due to misunderstanding between p. W. 1 and her husband, she again migrated to Gunturand staying at 7th lane, Gandhinagar, sangadigunta in a rented house and she has been blessed with four children. The marriage of the deceased was performed with the accused and she blessed with two children-one son and one daughterthrough the accused. Aboutfour months priorto the occurrence, the deceased and the accused along with two children migrated to Guntur and started living in the house of P. W. 1; they are working as coolies in Cotton Mill. The accused suspected the fidelity of the deceased and used to beat frequently. One week prior to the incident the accused beat the deceased in front of her parents and brothers alleging that he saw the deceased with one Mouiali in compromising position. Unable to bear the behaviour of the accused, he was asked to get out of the house and accordingly the accused left the house of p W. 1. After 3 or4 days the accused pleaded and requested P. W. 1 to allow him to stay in her house and promised to behave properly with his wife. As such P. W. 1 allowed the accused to live in her house keeping in view of the family ties and in the interest of children. Meanwhile, P. W. 1 has been searching alliance to her sons; as her house was small to accommodate the accused and his wife, the deceased and the accused have taken a portion of the house of P. W. 7 on rent and shifted to the said house with household arties in the rickshaw of P. W. 4 at 7 a. m. on 10-12-2005; later attended coolie work in cotton mill. After finishing the coolie work at 9 p. m. the deceased came to the house of P. W. 1 and spent for some time. Meanwhile the accused came to the house of P. W. 1 and spent for some time. Meanwhile the accused came to the house of P. W. 1 and took the deceased along with the daughter of 3 years leaving his son in the house of P. W. 1. On the same day night the accused turned round his lungi around the neck of the deceased and pulled both ends lightly, which resulted the death of the deceased. After ensuring that the deceased died, the accused left the house. On the next day morning i. e. 11 -12-2005 at 6 a. m. the minor daughter of the deceased went to the house of P. W. 1 and informed that the deceased was not getting up from sleep. Immediately P. W. 1 and her family members went to the house of the deceased, where the accused was not present. They tried to wake up the deceased by touching her body but noticed that the deceased already died. Later p. W. 1 lodged a report-Ex. P-1 to the police, on which basis P. W. 14 - Sub-Inspector registered a case in Cr. No. 276 of 2005 under section 174 IPC, as the cause of death was not known and issued FIR-Ex. P-8 to all concerned officers. Then he went to the scene of offence; observed the scene of offence in the presence of P. W. 11 and another and the same was photographed by P. W. 13; seized the blue colour cotton lungi - M. O. 1; prepared ex. P-9-rough sketch; examined P. Ws. 1 to 3; conducted inquest over the dead body of the deceased and sentthe same to the Government general Hospital, Guntur for conducting postmortem examination. The panchayatdar opined that the deceased might have committed suicide or her husband-accused might have murdered her. He later examined p. Ws. 5 to 7 and prepared letter of advice on 30-12-2005; sentthe material objects to F. S. L. , hyderabad; after receipt of final opinion of the doctor, who conducted post-mortem examination, he altered Section of law to 302 ipc and issued altered FIR - Ex. P-10 to all concerned. Later the Inspector of Police took up investigation on 28-01-2006 and on his instructions P. W. 14 arrested the accused. After receipt of relevant reports and after completion of investigation the Inspector of police laid the chargesheet before the iv Additional Munsif Magistrate, Guntur.