The court upheld the conviction for murder due to clear motive and substantial corroboration from witness testimonies and a dying declaration.

JUDGMENT :

K.Sreenivasa Reddy, J.

This Criminal Appeal is preferred by the appellant/sole accused in Sessions Case No.514 of 2014 on the file of the XIII Additional District and Sessions Judge, Narasaraopet (hereinafter referred to as ‘Sessions Court’).

2. The accused was tried and convicted by the learned Sessions Judge vide Judgment, dated 03.12.2015 for the offence punishable under Section 302 of the INDIAN PENAL CODE , 1860 (for brevity ‘IPC’) and sentenced to undergo imprisonment for LIFE and to pay a fine of Rs.500/- (Rupees five hundred only), in default of payment of fine, shall undergo simple imprisonment for a period of one (01) month.

3. The substance of the charge against the appellant/accused is that on 04.10.2013, the accused gave a poisonous injection by force through Intravenous (I.V) Cannula, in order to kill the deceased viz. Sodagudi Vimalamma. The deceased lost her breath while undergoing treatment at Government General Hospital, Guntur.

4. Brief facts of the case of prosecution are that, P.Ws 1 and 2 are the parents of deceased and accused was the husband of deceased. Marriage of deceased was solemnized with accused about twelve years ago. Accused had a wife and her whereabouts are not known. Thereafter, the deceased got married to the accused and out of wedlock, a male child was born to them. Both of them lived happily till then. After the birth of male child, accused started harassing the deceased by suspecting her character and was threatening her to kill her. P.Ws 1 and 2 admonished the accused, but he did not change his attitude towards the deceased.

On 30.09.2013 deceased was taken to the hospital of P.W.4 for her second delivery by P.W.1 and accused. On the same day, at about 8.00 PM, the deceased had underwent a surgery and delivered a female child. Immediately, the deceased underwent a surgery for Tubectomy. It is after delivery, P.W.4 advised P.W.1 to feed food to deceased. After feeding food to deceased in the presence of P.W.2 and accused, P.Ws 1 and 2 along with accused had food. Thereafter, P.Ws 1 and 2 went out of the room leaving the accused and deceased, to wash clothes. One hour thereafter, P.W.1 had come back and found that the deceased and accused alone were present in the room. At that time, P.W.1 observed the deceased was gasping and coughing. P.W.1 asked the deceased about her condition, where the deceased informed P.W.1 that accused gave injection to her through Intravenous (I.V) Cannula. P.W.4, the Doctor questioned the accused. He stated that he gave an injection to deceased and saying so, accused gave syringe to P.W.4. On seeing the injection and the condition of the deceased, P.W.4 advised P.W.1 to take her to the hospital of P.W.8. P.Ws 1, 2 and 3 took the deceased to the hospital of P.W.8. The deceased was admitted in the hospital of P.W.8. Thereafter, P.W.8 suggested P.W.1 to take the deceased to the Government General Hospital, Guntur. During the admission of deceased in the hospital of P.W.8, she was examined by police. The deceased survived for one day in the Government General Hospital. Thereafter, she died.

P.W.12/Sub-Inspector of Police, Vinukonda Police Station received hospital intimation from the house of P.W.8 regarding treatment of deceased. Ex.P7 is the Hospital Intimation received from P.W.8. Immediately, P.W.12 proceeded to Nursing Home of P.W.8 and with the assistance of P.W.8, P.W.12 identified the deceased and recorded her statement. Ex.P15 is the statement of deceased. Basing