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Andhra Pradesh High Court
Judges : A.GOPAL REDDY, G.YETHIRAJULU
SOOGURU SUBRAMANYAM - Appellant
Versus
STATE OF A.P. - Respondent
Decided On : 08/28/2006
Criminal Appeal 1478 Of 2004
Indian Penal Code, 1860 – Section 302 – Offence of Murder – Allegedly killing his wife – Appeal against conviction – Accused married deceased on 30-04-1998 and they used to live happily for some time – Later, deceased developed illicit intimacy with one Imamvalli, neighbour of their house – About 12 days prior to incident, deceased was seen in company of Imamvalli while returning in an auto by PW-3 – Accused also noticed said fact, stopped auto and beat Imamvalli – Accused also warned deceased suspecting her character – Differences between accused and deceased developed, which resulted in quarrels between them during nights – Held, From the totality of circumstances, appellant failed to explain the presence of the dead body of deceased in bedroom, which is in his exclusive possession – Non-explanation of accused and material available on record leads to a conclusion that there is no possibility of any other person to commit the offence except the accused and complexity of accused is proved beyond reasonable doubt that he was responsible for commission of offence – Trial Court rightly came to a conclusion that prosecution proved guilt of accused beyond reasonable doubt by observing that accused was with deceased during night on date of offence, dead body was found in bedroom, which is in exclusive possession of accused, door was closed by locking door from outside and absence of accused from date of offence for considerable period – Accordingly, trial Court convicted and sentenced accused for offence as indicated above – Criminal Appeal is dismissed.
( 1 ) THIS Criminal Appeal is filed by the sole accused in Sessions Case No. 169 of 2001 on the file of the II Additional Sessions Judge, Madanapalle in Chittoor District. He was charged for the offence punishable under Section 302 of the Indian Penal Code (for short i. P. C. ) for allegedly killing his wife by name Nagamani by smothering. He denied the charge and claimed for trial.
( 2 ) THE case of the prosecution leading to the conviction of the accused is briefly as follows: the accused married the deceased on 30-04-1998 and they used to live happily for some time. Later, the deceased developed illicit intimacy with one Imamvalli, the neighbour of their house. About 12 days prior to the incident, the deceased was seen in the company of Imamvalli while returning in an auto by PW-3. The accused also noticed the said fact, stopped the auto and beat Imamvalli. The accused also warned the deceased suspecting her character. The differences between the accused and the deceased developed, which resulted in quarrels between them during nights. On 16-10-2000 at about 7. 30 p. m. there was a quarrel between the accused and the deceased on account of the deceased not discontinuing her illicit intimacy with Imamvalli. On 17-10-2000 at about 6. 30 a. m. the deceased was found dead in the house. The doors of the house were locked from outside. PW. 1 gave a report to the police and a crime was registered. During the course of investigation, the lock of the room was opened by PW-13 in the presence of mediators PW-12 and another. During the course of investigation, they seized the incriminating material from the scene of offence and inquest held over the dead body of the deceased. Later, the dead body sent for post-mortem examination. After completion of the investigation, the police laid the charge sheet.
( 3 ) THE prosecution, in order to prove the guilt of the accused, examined PWs. 1 to 15 and Exs. P-1 to 29 and MOs. 1 to 15. No oral or documentary evidence was adduced on defence side. After conclusion of the evidence, the trial Court found the accused guilty of the alleged offence and convicted him for the offence u/s. 302 I. P. C. and sentenced him to undergo imprisonment of life and to pay a fine of Rs. 200/-, in default to undergo simple imprisonment for one month. Being aggrieved by the judgment of the trial Court dated 03-12-2002 the present Criminal Appeal has been preferred.
( 4 ) THE plea of the accused is one of denial. Now, the point for consideration is whether the prosecution proved the guilt of the accused beyond reasonable doubt.
( 5 ) THE evidence of PW. 11-Doctor, who conducted post-mortem examination over the dead body of the deceased found the following external and internal injuries:"external injuries: there is bloody discharge coming out from both the nostrils. Tongue tip bluish in colour seen in between the upper and lower teeth. Lips blackish in colour with diffuse abrasions over both the lips. Nose bluish discolour time present over right nostril, ears -bluish black discolour of the left pinna. 1. An abrasion of 4 x 2 cm over left mandibular margin. 2. An abrasion of 1/2 x 1/2 cm over left upper lid. 3. An abrasion of 2 x 1/2 cm over right leg anterior aspect. 4. A linear abrasion of 2 x 1/3 cm voer dorsum of right foot. Internal injuries:neck - Hyiod normal, thyroid, cricoid cartligas normal, larynx - congested. Trache - Bronchi - normal. Lungs - Normal, Cut section congested, stomach - normal and they are congested. Intestines distended gases, urinary bladder empty. Ulterus-normal. Scalp: A diffuse contusion of 10 x 8 cm over left occipto-partial region. On reflexion of scalp a diffuse hematioma of 8 x 8 cm over left occipto parital region present. Skul, bones, base of the skull- normal. Meninges - normal, brain-normal size congested. Spine bones of the extremities - normal. "he opined that the deceased would appear to have died of Asphyxi as a result of smothering, and time of death was
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