VADLA BRAHMAIAH Vs. P.P., HYD

JUDGEMENT

(1.) This appeal is directed against the judgment, dtd. 30/6/2015, in S.C.No.58 of 2011 passed by the learned Additional District and Sessions Judge, Vikarabad, Ranga Reddy Districtd, whereby the appellants/A-1 and A-2 were convicted of the offence punishable under Sec. 302 r/w Sec. 34 of I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.2,000.00 each, in default of payment of fine, to undergo simple imprisonment for three months.

(2.) The case of the prosecution, in brief, is that one Kammari Ramchandraiah (P.W.1) lodged a written complaint (Ex.P1) before Sub Inspector of Police, Vikarabad Police Station (P.W.14) on 10/2/2008 at about 6.00 P.M. stating that his daughter Srilatha (hereinafter referred to as 'the deceased') was given in marriage to one Vadla Brahmaiah (A-1), RTC Conductor of Vikarabad Depot, on 2/11/2000. Since the deceased was not conceived, A-1 married one Santhosha (A-2) without knowledge of the deceased about two years prior to the offence. After coming to know of the same, the deceased brought to the notice of her parents, at whose instance the caste elders held a panchayat, in which A-1 informed that he would look after both the wives. However, A-1 subjected the deceased to harassment and again a panchayat was held on 1/2/2008 before the elders i.e., P.W.6 and P.W.7 and two others (L.Ws.10 and 12) and in the said panchayat, A-1 promised that he would look after the deceased well and that he executed a document stating that he would give half share in his ancestral agricultural land and also half salary to the deceased. Believing the same, the elders and parents of the deceased, sent her with A-1 to his house. A-1, A-2 and the deceased were residing as tenants in the second floor of the house of P.W.4 at BTS colony, Vikarabad. On 10/2/2008 in the evening, P.W.1 came to know that his deceased daughter was murdered by A-1 and A-2 and on that they went to the house of the accused and found the deceased lying in a pool of blood in supine position with severe head injury. Basing on the said complaint, P.W.14 registered a case in Crime No.46 of 2008 under Sec. 302 of I.P.C. against the accused. During the course of investigation, P.W.14 visited the scene of offence, conducted scene of offence panchanama, drew the rough sketch of the scene of offence and seized blood stains, and hair suspected to be of accused found in the hands of the deceased under a cover of panchanama. Subsequently, P.W.17-Inspector of Police, Vikarabad, took up investigation on 11/2/2008 and he visited the scene of offence and held inquest over the dead body of the deceased in the presence of mediators P.Ws.9 and 10 and referred the dead body to post mortem examination. Subsequently P.W.13-Civil Assistant Surgeon, Vikarabad, conducted post mortem examination over the dead body of the deceased and opined that the deceased died due to penetrating head injury. Subsequently, P.W.14 arrested A-1 and A-2 on 19/2/2008 and in the presence of mediators, they confessed to have committed the offence and P.W.17 seized one small mortar and blood stained clothes worn by A-1 and A-2 at the time of commission of offence and that the material objects including specimen hair of A-1 and A-2 seized during the course of investigation were sent to Forensic evaluation. After completion of investigation, L.W.23-Inspector of Police laid charge sheet against the accused for the offence punishable under Sec. 302 r/w Sec. 34 of I.P.C.

(3.) A Charge under Sec. 302 r/w Sec. 34 of I.P.C. was framed against A-1 and A-2. The plea of the accused was one of total denial and claimed to be tried. The prosecution in order to prove its case against the accused examined P.Ws.1 to 17 and got marked Exs.P1 to P21 and M.Os.1 to 10. On behalf of the accused, no witness was examined and no document was marked.