DUDULE SANJEEV Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Appeal is filed against the Judgment dtd. 30/7/2015 in S.C.No.318 of 2014 passed by the learned Principal Sessions Judge, Adilabad.

(2.) The case of the prosecution is that appellant/accused, D.Sanjeev, alleged to have killed his wife, Nirmala (herein after referred as 'deceased') with a brick and thus it is alleged that accused committed offence punishable under Sec. 302 of IPC. To prove the guilt of the accused prosecution examined P.Ws.1 to 12 and marked Exs.P1 to P19 on their behalf and also marked M.Os.1 to 11. The Trial Court after considering the arguments of both sides and also the entire evidence on record, convicted the accused under Sec. 235(2) of Cr.P.C and sentenced him to undergo life imprisonment with 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 I.P.C and the period of remand already undergone if any shall be set off under Sec. 428 Cr.P.C. Aggrieved by the said judgment and decree, accused preferred the present appeal.

(3.) Learned counsel for Accused mainly contended the evidence of P.W.2 is suspicious one. As per the prosecution the incident happened at about 6 or 7 p.m. and deceased died at hospital at 11.30 p.m. but the complaint was given to the police at 10.00 a.m., as such, there was a delay of more than 7 hours in lodging the complaint. P.W.1 did not record dying declaration of the deceased since no Magistrate turned up for recording the same though there was sufficient time between her admission in the hospital and her death. Therefore, requested this Court to set aside the judgment.