MOTILAL B. NAIK, J.

( 1 ) THE sole accused in Sessions Case No. 109 of 1996 on the file of the Metropolitan Sessions Judge, Hyderabad is the appellant before us. The accused was charged that on 8-10-1994 in Khaja Nagar, Tadband, Hyderabad, committed murder intentionally and knowingly causing the death of one Syedunnisa Begum and thereby committed an offence punishable under Section 302 of the Indian Penal Code. He was secondly charged that on the same day in Khajanagar,tadband, Hyderabad, attempted to commit suicide, inflicted injuries on his person with a knife and also consumed Gemaxin powder, a poisonous substance and thereby committed an offence punishable under Section 309 of the Indian Penal Code.

( 2 ) THE prosecution case in short is that the deceased Syedunnisa Begum and the accused arc mother and son. The accused was married around 11/2 years prior to the date of offence. His wife delivered a son. The accused and deceased were staying together in the same house. Quite often they used to quarrel on some fictitious issues. The deceased being an obstinate woman and accused was not in the habit of compromising nature and as such there used to be frequent quarrels between them.

( 3 ) ON 8-10-1994 there was 40th dayof Chilla function of the son of the accused which was organised by the in-laws in their residence, it was customary on the part of the deceased to attend the function being the grand-mother of the child, but the deceased refused to attend the said function claiming that she was not properly invited by the in-laws of the accused. The accused pleaded that without the presence of the mother, i. e. , the deceased, they cannot attend the function and tried to persuade the deceased to attend the function. On that issue, the accused and deceased bitterly quarrelled. Thereupon the accused became furious and lost control and desired to kill the deceased. According to the prosecution, me accused went into the kitchen brought a domestic knife, entered the bed room of the deceased and forcibly laid her on the carpet and cut her throat and left her with bleeding on the throat. The accused also desired to commit suicide by inflicting injury with the same knife on his stomach and also consumed Gemaxine powder.

( 4 ) AROUND 5 p. m. in the evening one Smt. Chand Pasha, PW1 who is the cousin of the accused and niece of the deceased arrived to pick up the deceased to go to Sabji Mandi to attend Chilla function. She managed to gain entry into the premises by making the bolt of the entrance doors unfastened by the outsiders. To her dismay PW1 found the deceased with cut throat injury. She also found the accused lying in the bed room. She reported the matter to the neighbours. On the information from the neighbours, the father-in-law of the accused arrived at the spot. Police was also informed about the incident. On information, police rushed to the spot and got both the injured i. e. , mother and son, shifted to Osmania General Hospital. The statement of PW1 was recorded at Osmania General Hospital. On the basis of the statement, a case was registered in Crime No. 84/1994 under Section 302 read with Section 309 IPC.

( 5 ) DURING the course of investigation, panchnama of the scene of the offence was recorded. Incriminating material evidence was seized. The scene of offence was also photographed and statements of witnesses were recorded. Accused was permitted to undergo treatment as inpatient in Osmania General Hospital for the injuries sustained by him. The deceased succumbed to injuries on 10-10-1994 around 6. 15 p. m. while undergoing treatment in Osmania General Hospital. The Section of Law was later on altered from Section 307 IPC to Section 302 IPC. Post-mortem on the dead body of the deceased was held and post-mortem report was issued. The Doctor opined that the death of deceased was due to cut throat injury. During investigation it was found that the accused inflicted cut throat injuries and killed the deceased. Accused was a

Click Here to Read the rest of this document