MOKURALA ANJANEYULU Vs. PUBLIC PROSECUTOR

JUDGEMENT

(1.) This Criminal Appeal has been filed by the accused in S.C.No.406 of 2013 on the file of IX Additional District and Sessions Judge, Wanaparthy, filed under Sec. 374 (2) Cr.P.C., questioning the correctness of the Judgment, dtd. 3/6/2014 whereunder the trial Court found him guilty for the offence under Sec. 302 of Indian Penal Code (for short 'IPC'), imposed rigorous imprisonment for life and also directed him to pay fine of Rs.2,000.00, in case he failed to pay the fine, he shall undergo simple imprisonment for six (6) months.

(2.) As per the averments made in the charge sheet, it seems one Bhagyamma (hereinafter be referred as deceased) who was younger sister of PW1 and also PW3 was given in marriage with the appellant herein about 16 years prior to the date of alleged offence. Soon after the marriage, she joined the appellant and during their wedlock, she gave birth to two daughters and a son. The appellant having addicted to alcohol and other bad habits, started committing petty thefts and started quarrelling with his wife without any reason. When once the appellant herein was involved in a cattle theft a criminal case was booked against him and in view of the behavior of the appellant, the deceased left his company, preceded to the house of her parents and stayed with them for about one year. However, about three (3) months prior to the date of offence, she returned to Guttalapally which is her in-laws place, and started eking livelihood by cultivating her agricultural land. The appellant who was then staying at Hyderabad having come to know that his wife came to Guttalapally, returned to his native village, approached his wife, informed her that he was completely changed and he assured his wife that he will look after the family properly.

(3.) The prosecution further alleged that in spite of the said promise, on 15/7/2012 at about 06:00 p.m., he went to the house in a drunken condition and demanded his wife to give money to have some more liquor, for which she refused. Thereby, there was a quarrel between the couple. The appellant went out of the house, again returned at 09:00 p.m., and after the children were sleeping in the front room, he has killed his wife by cutting her throat with a knife and escaped from the place.