HAJAGIRI JOHNI MD HAJAGIRI Vs. STATE OF AP

JUDGEMENT

(1.) The sole accused in Sessions Case No.136 of 2009 on the file of the Additional District & Sessions Judge, West Godavari at Kovvur, is the appellant herein. He was tried for the offence punishable under Section 302 I.P.C. for causing death of his wife on the intervening night of 15/16-3-2008 at his house bearing Door No.13-298, Chagallu Village. By judgment dated 28.2.2012, the learned Sessions Judge convicted the accused and sentenced him to suffer imprisonment for life and also to pay a fine of Rs.1,000/-, in default, to suffer rigorous imprisonment for two months. Challenging the same, the present appeal came to be filed.

(2.) The facts in issue are as under :

(3.) On 16.3.2008, while P.W.14 - A.S.I. was present in the Police Station, he came to know about the admission of the injured in the hospital, he proceeded to the hospital and reached there by 7.30 AM. At that time, he found the injured person was unconscious. He recorded statement of P.W.1, which is placed on record as Ex.P1. The Doctor - P.W.8 endorsed that the patient was unconscious by that time. He recorded statements of P.Ws.2, 3 and 8 in the Hospital. From there, he proceeded to Chagallu Police Station and registered a case in crime No. 26 of 2008 under Sections 307 and 324 I.P.C. basing on Ex.P1. Ex.P9 is the F.I.R. Thereafter, P.W.14 proceeded to the scene of offence along with V.R.O. - P.W.11 and in their presence, prepared a scene observation report, which is marked as Ex.P5. He also got prepared the rough sketch of scene of offence which is marked as Ex.P10. Apart from that, he also got the scene of offence photographed through P.W.10. At the scene of offence, he seized the bloodstained ear studs, bangle pieces, wooden piece taken out of the door frame and also the controlled cement flooring piece which are marked as M.Os.1 to 7. Further investigation in this case was taken by P.W.16. On 18.3.2008, he verified the investigation done by P.W.14 and found to be on correct lines. He seized blood stained cloths of the deceased under the cover of Ex.P6. On 21.3.2008 at 6 AM he received the death intimation - Ex.P14 and basing on which, he altered the section of law from Section 307 I.P.C. to 302 I.P.C. Ex.P15 is the altered F.I.R. Further investigation in this case was taken up by the Inspector of Police, Nidadavole - P.W.17. On 21.3.2008 on receipt of express F.I.R. in crime No.26 of 2008 (altered F.I.R.) P.W.17 proceeded to the scene of offence, conducted inquest over the dead body in the presence of P.W.11. Ex.P8 is the inquest report. During inquest, he is said to have examined P.Ws.1, 2, 6 and 7. Thereafter, the dead body was sent for post-mortem examination. P.W.15, Assistant Professor, Forensic Medicine, Rangaraya Medical College, conducted autopsy over the dead body and issued Ex.P11 - post-mortem certificate. At this stage, it is also to be noted that the Police also brought on record the dying declaration - Ex.P3 said to have been recorded by the M.R.O. - P.W.13 on 16.3.2008 at 2 AM. Subsequently, after collecting all the required documents and the material, charge-sheet came to be filed which was taken on file as P.R.C. No.1 of 2008 on the file of the Judicial Magistrate of I Class, Nidadavole. On appearance of the accused, all the documents as required under Section 207 Cr.P.C. were furnished and later on it was committed to the Court of sessions under Section 209 Cr.P.C. On appearance of the accused, charge under Section 302 I.P.C. came to be framed, read over and explained to the accused, to which he pleaded not guilty and claimed to be tried. In support of its case, the prosecution examined 17 witnesses and got marked Exs.P1 to P16. After furnishing of the prosecution evidence, the accused was examined under Section 313 Cr.P.C. with reference to the incriminating circumstances appearing against him in the evidence of prosecution witnesses, to which he denied and did not adduce any defence evidence, except getting the admission of P.W.1 and contradictions in the evidence of P.Ws.4, 5 and 7 marked as Exs.D1 to D8. Basing on the evidence of P.Ws.1 to 6 and 9 coupled with dying declaration, the learned Sessions Judge convicted the accused under Section 302 I.P.C. Challenging the same, the present appeal came to be filed.