DARAVATH SARAIAH Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the appellant/accused, aggrieved by the judgment, dtd. 1/5/2014, passed in S.C.No.583 of 2012 by the learned VI Additional Sessions Judge, Godhavarikhani, whereby, the Court below found the appellant/accused guilty of the offence punishable under Sec. 302 of I.P.C. and accordingly, convicted him of the said offence and sentenced him to undergo imprisonment for life and to pay a fine of Rs.500.00, in default, to undergo imprisonment for three months.

(2.) We have heard the submissions of the learned counsel for appellant/accused, the learned Public Prosecutor appearing for the respondent/State and perused the record.

(3.) The case of the prosecution, in brief, is as follows: On 31/12/2011 at about 08:00 hours, PW.1-Banoth Jaipal lodged a complaint with police, Godavarikhani-II Town, stating that he is a resident of Mamidigudem Village, Kasipeta Mandal, Adilabad District. He performed the marriage of his daughter Rajamani (the deceased) with one Azmeera Saraiah, resident of 8-incline colony, Godavarikhani, about 18 years prior to the date of alleged incident. They were blessed with one daughter and one son. On 30/12/2011, during evening hours, he received information over phone that his daughter-Rajamani died by hanging. Then he along with his wife (PW.2) went to the house of his daughter and came to know that his daughter hanged with lungi to iron pipes attached to the roof of her house. By the time he reached the house of his daughter, the dead body of his daughter is in front of her house. He further stated that his daughter was suffering with stomach ache for a long time and due to unbearable pain, she might have committed suicide. He as well as his family members have no suspicion on anybody regarding the suicidal death of his daughter and requested to conduct panchanama and investigate the case.