JUDGMENT

Ranjan Gogoi, J.-This appeal is directed against the judgment and order dated 29.9.2006 passed by the High Court of Andhra Pradesh affirming the conviction of the accused-appellant under Section 302 IPC and the sentence of life imprisonment imposed on him.

2. On 18.4.2003 at about 10.30 a.m. PW 1, Ponnam Pedda Sathaiah, the father of the deceased, filed a FIR in the Maripeda police station stating that he had given his daughter, Vadlakonda Radha, in marriage to the accused-appellant in the year 1999. At the time of marriage a sum of Rs.50,000 was claimed to have been given by the first informant as dowry, inspite of which, according to the first informant, the accused-appellant had been demanding more dowry and on that account committing atrocities on his daughter. In the FIR filed it was alleged that in the early morning of 18.4.2003 the accused-appellant had murdered his wife while she was sleeping and had run away. It was further alleged by the first informant that on coming to know of the incident he rushed to the appellant’s house and saw his daughter taking her last breath. Thereafter, he had brought her to the Area Hospital at Mahbubabad but on the way to the hospital she died at about 8.00 a.m.

3. On the basis of the aforesaid FIR, a case under section 302 and 304B of the IPC was registered. In the course of the investigation inquest was held on the dead body and the same was sent for post mortem examination. A large number of witnesses were examined and their statements were recorded under section 161 Cr.P.C. On 3.5.2003 the accused-appellant who was absconding was arrested from his house. On the same day at the instance of the accused-appellant PW 15, M. Laxminarayana, the Sub-Divisional Police Officer of Mahabubabad recovered a tapper knife (M.O.6) and a blood stained shirt of the accused (M.O.7).

4. Charge sheet under section 302 and 498A IPC was submitted against the accused-appellant. However in the trial court, charge under section 302 alone was framed. The trial ended in the conviction of the accused- appellant who, as already noticed, was sentenced to undergo rigorous imprisonment for life. The aforesaid conviction and sentence having been affirmed by the High Court this appeal, by special leave, has been filed.

5. We have heard Mr. J.M. Sharma, learned counsel for the appellant and Mr. Mayur R. Shah, learned counsel for the respondent-State.

6. Of the 15 witnesses examined by the prosecution, the evidence tendered by PWs 1 and 2 (father and brother of the deceased); the evidence of PW 3, Ponnam Buchamma, who is a neighbour and who had seen the deceased lying on cot in her house with bleeding injuries from the neck and the accused running away from the place; the evidence of PW 10, who was a witness to the seizure of material objects No. 6 and 7 and PW 15, the Sub- Divisional Police Officer of Mahabubabad who had recovered material objects 6 and 7 on the basis of the statement made by the accused (Exh.P8) as well as the evidence of PW 12, Dr. Vaidehi, the Medical Officer who had performed the post mortem, would be relevant, and therefore, must be noticed in some details.

7. PWs 1 and 2 have deposed in the same vein. From the evidence of the said two witnesses, it transpires that the accused, though had received a sum of Rs.50,000 at the time of his marriage, had been persistently demanding more dowry and harassing and assaulting his wife i.e. the deceased from time to time. It also transpires from the evidence of PW 1 and 2 that in the evening before the occurrence there was a betrothal ceremony of the brother of the deceased, which was attended, amongst others, by PWs 1, 2 as well as the accused and the deceased. A plot of land measuring one and half acres and Rs.30,000 was offered as dowry to the brother of the deceased which had led to further renewed demands for additional dowry by the accused. Immediately after the ceremony a quarrel had taken place between the accused and the deceased as a resul