JUDGMENT:

A convict/accused presented this appeal under Section 374 Cr.P.C. questioning his conviction and sentence. The judgment impugned is dated 16.09.2010 of learned Sessions Judge, Mahila Court, Vijayawada in S.C.No.69 of 2009. After due trial, this appellant was found guilty for the offence under Section 307 I.P.C. and therefore, learned Sessions Judge convicted him and sentenced him to undergo rigorous imprisonment for four years and pay a fine of Rs.1,000/-with a default sentence of simple imprisonment for six months. It is that judgment which is under challenge.

2. The facts leading to the present appeal are required to be recapitulated here:

The victim is a woman and is the wife of the accused/appellant. It was in the year 1996 they fell in love and with the consent of elders they got married and begot two children. One of their two children is a son and he died and the other child is a daughter who is living with the parents. The husband has been an auto rickshaw driver. The victim woman is working in a private hospital nursing the patients and attending Electrocardiogram work at the hospital. It is stated that the accused has been in the habit of consuming alcohol. During the matrimonial life, on certain occasions, certain disputes arose between the spouses and on two such occasions the wife had to complain the troubles to the police. On one occasion she complained about cruelty towards her for the purpose of dowry. Intervention of elders resulted in a compromise, but it seems the case was not yet withdrawn. On another occasion the accused allegedly took away Rs.5,000/- cash and a mobile phone belonging to the wife. On this occasion when she complained to police the spouses were sent to family counseling center where, it is stated, expressing remorse the accused gave an undertaking that he would look after his wife’s welfare. It is in the backdrop of these facts and circumstances the offence alleged took place allegedly. The scene of offence is the very rented house where the spouses are living. It is stated that on 17.06.2008 at about 8:00 A.M. the woman was getting ready to attend her job at the hospital and the husband told her not to go to hospital as his mother and brother were to come home at about 10:00 A.M. She spoke to the hospital authorities informing that she could not attend the duty because of her ill-health. It is about that time the accused indulged in a debate with his wife and from out of his pocket he picked up a new blade and got inflicted injuries on both of his forearms by himself and then he told his wife that she was complaining to police and he did not like it and he beat her and felled her down and then sent away his daughter and inflicted, with blade, injuries on both her wrists and as they were not oozing blood he told the same and then sat on her chest and using his both knees pressed her hands to the floor and using the blade cut her throat. On finding blood coming out he was satisfied and he got up and went out the house and latched the door from outside. His daughter went and fetched the sister-in-law of the victim, who was living in the neighbourhood. She took her to the hospital. The hospital authorities sent information to the police who in turn came there and recorded her statement at 1:30 P.M. on 17.06.2008 itself and registered Crime No.343 of 2008 for an offence under Section 307 I.P.C. During the course of investigation, the police recorded the statements of witnesses, arrested the accused, recovered the crime weapon/blade/M.O.1 and filed the police report before the learned I Additional Chief Metropolitan Magistrate, Vijayawada where it was numbered as P.R.C.No.46 of 2008. Acting upon this police report of Machavaram Police Station, the learned Chief Metropolitan Magistrate secured the presence of the accused and furnished him with copies of documents on which the prosecution was intending to rely upon and then finding it a case of trial to be exclusively conducted by a Session