GANTA NARENDER Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant aggrieved by the conviction under Sec. 304 Part-II of IPC and sentenced to undergo rigorous imprisonment for a period of five years vide judgment in S.C.No.347 of 2007 dtd. 29/10/2008 passed by the learned IV Additional Sessions Judge, Ranga Reddy District (for short 'the learned Sessions Judge'), the present appeal is filed. Altogether three accused were tried for the offence under Sec. 302 IPC, however, the learned Sessions Judge acquitted A2 and A3 of the offence under Sec. 302 of IPC.

(2.) The case of the prosecution according to final report is that the appellant herein and his deceased wife loved each other and got married at Yadagirigutta temple, without the knowledge of P.Ws.1 and 2, who are the parents of the deceased. Both A1 and the deceased shifted to quarters in Crystal poultry at Ghatkesar. On 16/10/2006, the deceased asked A1 to take her to hospital as she was not well. However, this appellant and A2 and A3 refused to take her to the hospital. For the said reason, the deceased got frustrated and closed doors of her quarter from inside. At that time, one Nandesh(PW4) and Prashanth(PW5) knocked the doors of the quarter of the deceased and she did not open, as such, both of them opened the doors forcibly and found the deceased lying in sitting position by the side of almirah with a saree tied around her neck. Accordingly, it was informed to others in the quarters and they brought her out and laid her in the verandah. Since the investigation revealed that there is no harassment by the accused, the charge sheet was laid for the offence under Sec. 306 of IPC.

(3.) The Court, however, after going through the charge sheet and other material filed under Sec. 178 of Cr.P.C, came to the conclusion that the case is one of murder punishable under Sec. 302 of IPC on the basis of injuries found on the deceased and accordingly, the learned Sessions Judge framed charge as follows: