S MALLIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The accused by name Pitchi Mallaiah was convicted U/s. 302 I. P. C. and sentenced to imprisonment for life for causing the death of his wife by cutting her with a sickle on 10-6-1987 at about 4 p.m. at Pothureddypalli Village within the limits of Cherial Police Station.

(2.) The only point that is urged in this case is that the accused isentitled to the benefits of general exception u/s 84 I. P. C.

(3.) The prosecution case is as follows : P. W 2 is the mother of theaccused and the deceased was the wife of the accused. They were living on toddy tapping. According to P. W2, the accused is a mad fellow. He also underwent treatment for unsoundness of mind and when it was cured they brought him to the house. On the date of occurrence, the deceased and the accused were in the room. Later, P. W2 and P. W3 a Village Servant came and found the door of the house of accused bolted from inside and when they asked to open the door, there was no response. Then, they went to P. W 1 the Sarpanch, and wrote a report. The report was sent to the Police and the Circle Inspector came to the scene of occurrence and found the room locked from outside and when they went inside, they found the accused sitting near the dead body and two cut pieces of lemon, turmeric powder and sindur were also found near the dead body of the deceased. They also found the underwear of the accused stained with blood. He was taken into custody and inquest was held and the dead body was sent for post-mortem. The Doctor-P. W7 who conducted post-mortem found eight incised wounds on the chest, right hupochandrium, the right ear etc. of the deceased. He opined that the death was due to shock and haemorrhage due to multiple injuries. After investigation, the charge sheet was filed. The prosecution examined 9 witnesses. The accused denied the offence.