MOGURAM KANAKAIAH Vs. STATE OF A.P

JUDGEMENT

(1.) The appellant is convicted and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs.5,000.00, in default, to suffer simple imprisonment for six months for the offence under Sec. 304(i) of IPC vide judgment in S.C.No.182 of 2008 dtd. 17/10/2008 passed by the III Additional Sessions Judge (FTC), Asifabad. Aggrieved by the same, present appeal is filed.

(2.) The case of the prosecution is that the appellant attacked his wife suspecting her character on 6/11/2007 with an axe resulting in her death. The said act of attacking with the axe was seen by P.W.3, who informed appellant's son P.W.1. P.W.1 came to the house and took his mother to the Government Area Hospital, Mancherial and while undergoing treatment, she died. P.Ws.1 and 2, who are son and daughter-in-law stated that the appellant was suspecting that his wife was having affairs with others, as such, they were always fighting with each other.

(3.) The only witness who speaks about the alleged attack by the appellant is P.W.3. On information by P.W.3, P.W.1 had lodged complaint before the police. P.W.3 stated in his chief examination that he tried to peep into the house of the appellant and found axe in his hands and when he tried to stop him, by that time he had already caused injuries on the left neck, left jaw and left eye. He tried to jump over the wall, but the appellant threatened him with axe. However, during cross-examination, he deposed as follows: