MOHAMMAD KHAJA MOINUDDIN NALGONDA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellant was convicted and sentenced to life imprisonment for the offence under Sec. 302 of IPC vide judgment in S.C.No.500 of 2011, dtd. 14/6/2017, passed by the VIII Additional Sessions Judge at Miryalaguda. Aggrieved by the same, present appeal is filed.

(2.) Briefly, the case of the prosecution is that P.W.1 was married to one Sk.Jani, and she gave birth to two children. Her husband deserted her due to some disputes and she got acquainted with the appellant. P.W.1 married the appellant. The appellant forced her to do prostitution. One year prior to the incident, a person, namely Muthaiah, asked P.W.1 to have sex with him and also insulted her. Coming to know about the incident, the appellant and his friends, who are, the deceased herein, B.Kondaiah, and P.W.2, namely Moulali, and another person, tried to commit the murder of Muthaiah. A case was registered against all of them for the offence under Sec. 307 of IPC and same is pending trial on the file of the Assistant Sessions Judge, Miryalaguda. All of them were attending to the Court. P.W.1 developed intimacy with the deceased and married him. They stayed together in Nizamabad and then in Hyderabad for some time. Four months prior to the incident, P.W.1 and deceased rented a room in Haliya town and were residing there.

(3.) The incident happened on 21/9/2010. P.W.1 along with the deceased went to the Court to attend the case. Since the case was before the Assistant Sessions Judge, Miryalaguda Court, both P.W.1 and the deceased went to a hotel, and from there, they arrived at the Court and were sitting under a neem tree on the pial (cement construction around the neem tree). P.W.2 questioned the deceased and the appellant also confronted the deceased and threatened to see his end at Nagarjunasagar. Before the deceased could reply, the appellant took out a knife and stabbed him on his throat, stomach, and chest, several times. The appellant tried to flee, then, two constables, P.Ws.3 and 4, chased him.