PATTEPURAM KISTAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Appeal is filed against the Judgment dtd. 21/9/2017 in S.C.No.60 of 2017 passed by the learned Principal Sessions Judge, Mahabubnagar.

(2.) The case of prosecution is that the father of the accused gave complaint under Ex.P2 on 25/4/2016, stating that about 40 years back, his marriage was performed with the deceased Yellamma and presently she is aged about 55 years. They are blessed with two children i.e., male and female and he performed the marriages of both the children. About 10 years back, he performed the marriage of his son Fathepuram Kistaiah with one Savithri and they are blessed with two children. When his daughter-in-law picked up quarrel with his son and left the house, he went to Chowderpally village to meet his brother-in-law Thirumalaiah on 24/4/2016 at about 4:00 PM to enquire about his daughter-in-law. On 25/4/2016 at about 2:15 AM, his son called him on phone and informed that he slept with his children inside the house and his mother yellamma was slept outside the house. When he came out in the mid-night for passing urine, he found his mother in a pool of blood in front of the house. Immediately, he went there and found his wife dead, her both ears were cutoff and her gold ear studs were stolen away. His son stated to me not to inform to the Police, as they conduct Postmortem examination. As gold ear studs were stolen away and his son stated not to inform to Police, he suspected his son for the death of his wife and it was registered as Cr.No.48 of 2016 under Sec. 302 and 379 of IPC.

(3.) To prove the guilt of the appellant/accused, prosecution got examined P.Ws.1 to 13 and marked Exs.P1 to P12 and also marked M.Os.1 to 5. The trial Court after considering the oral and documentary evidence on record, convicted the accused and sentenced to undergo life imprisonment and to pay a fine of Rs.1,000.00, in default to suffer Simple imprisonment for a period of three months for the offence punishable under Sec. 302 of IPC and also sentenced to undergo Rigorous imprisonment for a period of three years for the offence punishable under Sec. 379 of IPC. Aggrieved by the said Judgment, accused preferred the present appeal.