JUDGMENT (Per B. Seshasayana Reddy, J.)

Sole accused Govindu in S.C. No. 425 of 2005 on the file of the learned I Additional Sessions Judge, Chittoor, calls in question in this criminal appeal his conviction and sentence for the offence under Section 302 IPC. The charge against him is that on the night on 27-06-2005, he did commit murder by intentionally and knowingly causing death of Geethamma, wife of Venkatesu by stabbing her with a pen knife on her throat by the side of cart track near Konamakulapalle, Damarabandagutta of Santhipuram MandaI.

2. Prosecution case as set out in Ex. P-1 report is as follows:-

P.W. 1 Venkatesu is the husband of Geethamma. Since a week prior to the occurrence, he was watching the mango garden of Chakali Chengappa, Thukallu Village, Bangarupet, Karnataka State. He married Geethamma five years prior to the date of occurrence. He along with his wife Geethamma, his uncle Sreenivasulu, wife of his paternal uncle- Kannamma and one Mani were residing in a tent put up in the mango garden. On 26-06-2005 at about 7 p.m. Geethamma went to Kuppam and she did not return home. P.W. 1 went to Kuppam on the evening of 27 -06-2005 and made enquiries and learnt that Geethamma did not visit Kuppam. On 28-06-2005, at about 3.00 p.m. he came to know that Gethamma was lying dead in a fallow land of Bodeppa beside the Dhamarabandagutta near Kenamakanapalle. He went there and saw the dead body and thereafter, presented a report before the Station House Officer. L.W. 16 B. Jayachandra Reddy, H.C. 391, received the report presented by P .W. 1 and registered a case in Crime No. 31 of 2005 under Section 302 IPC and issued Ex. P-9 FIR. P.W. 12 K. Baba Fakruddin, Inspector of Police, Kuppam took up investigation, inspected the scene and held inquest over the dead body on 29-06-2005 at8.00 a.m. in the presence of P.W. 8 E. Venjugopal and P.W. 10 S.E.J. Amarnath. He effected seizure of M.Os. 4 to 14 (Terricoton Blouse, Blood stained Petty coat, Blood stained polyestersaree, Metal Bangles, Steel Toe rings, Yellow thread, Blood stained earth -and controlled earth, Black Beeds chain, Red colour ribbon and Cotton Towel). After the inquest, the dead body was sent for postmortem examination. P.W. 9 held autopsy on the dead body of the deceased on 29-06-2005 at 2.15 p.m. and issued Ex. P-6 post-mortem report opining that the deceased died due to shock and haemorrhage. P.W. 12 arrested the accused on 04-07-2005 at 9.30 p.m. and seized a pen knife and his wearing apparels, which have been marked as M.Os. 1 to 3, in pursuance of his disclosure statement under the cover of Ex. P-8 panchanama. He sent the incriminating material to F.S.L. Ex. P-11 is the F.S.L. report. After completing investigation, he laid charge sheet in the Court of Judicial First Class Magistrate, Kuppam. The learned Magistrate took the charge sheet on file in P.R.C.No. 23 of 2005 and committed the case of the sessions division, Chittoor as the offence under Section 3021PC is exclusively triable by a Court of sessions. The learned Sessions Judge took the case on file as S.C. No. 425 of 2005 and made over the same to the learned I Additional Sessions Judge, Chittoor for disposal according to law. The learned I Additional Sessions Judge, on hearing the prosecution and the accused, framed a charge under Section 3021 PC, read over and explained the same to the accused, for which the accused pleaded not guilty and claimed to be tried. To bring home the guilt of the accused for the offence under Section 302 IPC, prosecution examined 12 witnesses and proved11 documents and exhibited 14 material objects.

3. P.W. 1 is the husband of the deceased. P.W. 2 is the relation of P.W. 1. P.W. 3 is the resident of Kenamakulpalle. He does not speak of any circumstances relating to the incident and, therefore, his evidence is not of much use to further the prosecution case. p.w. 4 is the witness to speak of the accused and one woman going together towards Settiballa Village. P.W. 5 did not

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