The prosecution must prove guilt beyond reasonable doubt; the conviction was upheld based on strong eyewitness testimony and corroborating medical evidence.

JUDGMENT :

K.Suresh Reddy, J.

Sole Accused in Sessions Case No.69 of 2013 on the file of the Court of II Additional Sessions Judge (F.T.C), Parvathipuram, Vizianagaram District, is the appellant in the present Criminal Appeal. He was tried and convicted by the learned Additional Sessions Judge under two (02) charges. First charge is under Section 302 IPC for causing the death of his wife and the second charge is under Section 324 IPC for inflicting injuries on PW-1.

2. The substance of the charge is on 27.11.2012 at about 10.30 A.M, the accused attacked his wife viz., Smt. Kurmadasula Neelaveni (hereinafter referred to as the “deceased”) with a knife and caused injuries over her neck and other parts of her body, resulting instantaneous death and in the same process, he also caused injuries to PW-1, thereby committed offences punishable under Sections 302 and 324 IPC.

3. After completion of trial, the learned Additional Sessions Judge convicted the accused under Section 302 IPC and sentenced him to suffer imprisonment for “LIFE” and also to pay a fine of Rs.1,000/- in default, to undergo Simple Imprisonment for one (01) month. The learned Additional Sessions Judge also convicted the accused under Section 324 IPC and sentenced him to suffer Simple Imprisonment for a period of one (01) year. Both the substantive sentences were directed to run concurrently.

4. Facts in nutshell, as per the evidence of prosecution witnesses, are as follows:-

PW- 1 is the mother and PW-2 is the brother of the deceased respectively. The accused is none other than the husband of the deceased. Originally, the marriage of the deceased was performed with one Yegireddi Lakshmunaidu and they were blessed with a daughter. About 10 years prior to the date of incident, the deceased and Lakshmunaidu separated themselves due to some disputes. After separation, the deceased got married to the accused and both are residing at Visakhapatnam. Both the deceased and accused lived together for a period of seven (07) years happily. Later, as the accused used to harass the deceased both physically and mentally by suspecting her fidelity, the deceased left the house of the accused and started living with her mother-PW-1. While so, on27.11.2012, the deceased along with PWs-1 and 2 boarded train at Vishakapatnam to go to their native place Thodumu Village for celebrating “Karthika Pournima” in their Village. They got down the train at Parvathipuram Railway Station. PW-2 went to Parvathipuram Town to meet one of his friend. Later, the accused met the deceased and PW-1 at Parvathipuram Railway Station. The deceased, PW-1 and the accused boarded an Auto belonging to PW-9 and got down at Gummada Road Junction. There all the three had Tea at the Tea Stall of PW-6 on the road side. In the meanwhile, the accused went to the Pan Shop of PW-7 at about 9.00 or 9.30 A.M. and consumed liquor. PW-1 and the deceased were proceeding by walk towards Gummada and Thodumu by the side of Nagavali River at about 9.30 A.M. Having observed that nobody was present at that time, the accused suddenly took out a knife from his pocket and stabbed on the neck and other parts of the body of the deceased. When, PW-1 tried to interfere, he also beat her with the said knife on the left hand near the shoulder and the left hand fore arm and on the wrist of both the hands. Hearing the cries of PW-1, PWs- 3 to 6, who were at a distance of 50 meters, saw the accused holding knife. Due to fear, PWs-3 to 6 did not interfere and the accused ran away from the scene. The deceased died on the spot. Thereafter, PW-1 went to the Police Station and gave a report to the Police. PW-16- Su