The accused's false explanations, inconsistent alibis, and conduct after the incident can be incriminating and lead to the inference of guilt. Section 106 of the Indian Evidence Act places the burden on the accused to explain circumstances within his knowledge.

JUDGMENT :

Cheekati Manavendranath Roy, J.

This appeal is directed against the judgment dated 27.01.2016 passed in S.C.No.456 of 2013 on the file of the learned III Additional Sessions Judge (F.T.C.), Ananthapuramu, whereby the appellant, who is the sole accused in the said case, was convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short “I.P.C.”) for committing the murder of his wife and was sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/-.

2. The facts of the prosecution case may briefly be stated as follows:

The deceased Malapati Sujatamma is the wife of the accused. Their marriage was solemnized about nine years prior to her death. For about three years, they lived happily. Thereafter, it is stated that the accused is addicted to consuming alcohol and used to visit the house in a drunken state and beat the deceased and subject her to physical and mental harassment. The accused was a driver by profession and as a lorry driver, he used to go out of station frequently. Therefore, the deceased has to live alone in the house. In the said circumstances, it is stated that the parents of the deceased brought both the accused and the deceased to their village.

Thereafter, the accused and the deceased used to live separately in another house. Whenever the accused used to go out of station on duty, as a lorry driver, the deceased used to stay in the house of her parents. The accused also used to visit the house of her parents when his wife was staying in the house of her parents. But even after their residence is shifted to the village of the parents of the deceased, there is no change in the conduct of the accused and he continued to harass the deceased beating her in a drunken state.

3. While so, it is stated that on 22.03.2013, the deceased was in the house of her parents. At that time, the accused came to the house of the parents of the deceased on that evening in a drunken state and he picked up a quarrel with his parents-in-law and when his mother-in-law, who is P.W.9, questioned him in visiting the house in a drunken state, that he beat her.

4. It is stated that thereafter on the same day, after taking dinner, both the accused and his wife, who is the deceased, went into the bedroom in the house of P.W.9, to sleep. The inmates of the house i.e. P.W.9, who is the mother-in-law of the accused and others were sleeping on the pial outside the house. At about 10.00 p.m., P.W.9, who is the mother-in-law of the accused and others, who are sleeping outside the house on a pial, noticed and seen the accused going away from the house. P.W.9 and other family members thought that he was going to answer the calls of nature.

5. In the morning at about 5.00 a.m., when P.W.9 went into the room to wake up her daughter, she was found dead and she also noticed injuries on her forehead and also noticed that her hands are broken and the tongue protruding. Immediately, when she raised cries, the other family members reached the said place. Thereafter, P.W.1, who is the brother of the deceased, lodged a report with the police. The said report was registered as a case in Crime No.23 of 2013 for the offence punishable under Section 302 of I.P.C. by Atmakur Police.

6. During the course of investigation, the dead body was sent for postmortem examination. The Doctor held autopsy over the dead body of the deceased. He found both external and internal injuries on the dead body of the deceased. He opined that she died on account of the pressure given on the neck. Accordingly, he has issued the postmortem report.

7. During the course of investigation, it was found that the accused is in the habit of harassing the deceased, who is his wife as he is addicted to consuming alcohol and beating her in a drunken state and that he is also suspecting her fidelity and that on the date of offence, when he was sleeping with her in a room in the house of his parents-in-law, that he has beat her and killed her