JUDGMENT:

Subba Reddy Satti, J.

The sole accused in Sessions Case No.302 of 2014 on the file of the Court of the Special Judge for Trial of Cases under SCs & STs (POA) Act – cum – X Additional District & Sessions Judge, East Godavari, Rajahmundry, is the appellant. He was tried by the learned Additional Sessions Judge for the charge under Section 302 IPC.

2. Gravamen of the charge is that on 23.01.2014 at about 12.30 p.m. near the house of Gudivada Srinivasa Rao, on the public road, the accused hacked Balagam Papa (hereinafter referred to as deceased), with a knife in the middle of the head and neck and caused multiple diffused bleeding injuries, resulting in the death of deceased on the spot.

3. Learned Additional Sessions Judge, after trial, convicted the accused for the offence under Section 302 IPC and sentenced him to undergo imprisonment for life and also to pay a fine of Rs.20,000/-, in default, to suffer simple imprisonment for six months.

4. Case of the prosecution, as seen from the evidence available on record, is:

(i) The accused is the husband of the deceased. All the material prosecution witnesses are residents of Rajahmundry. The deceased had 3 elder brothers, P.Ws.1, 5 and 6 and two elder sisters, P.W.9 and another. The accused is also a resident of Rajahmundry and was living by doing painting work. The marriage of the accused with the deceased was performed about 5 years ago at Sri Satyanarayana Swamy Temple, Aryapuram, Rajahmundry. Out of wedlock, they were blessed with two daughters viz., Anitha, 4 years and Vaishnavi, 2 years. For one year, the deceased has been working as a servant in the house of P.W.8-Gudivada Srinivasa Rao, who has been carrying on an iron business at Main Road, Rajahmundry, under the name and style of Sri Srinivasa Iron Shop.

(ii) The accused is addicted to consuming alcohol and frequently beating the deceased. The matter was placed before the elders, and thereafter the deceased led marital life with the accused for some time; however, the accused did not mend his attitude and continued beating the deceased.

(iii) On 09.01.2014 at about 6.00 p.m., the accused went home in a drunken state and beat the deceased without any reason. Frightened by the behaviour of the accused, the deceased left the house and went to her brother’s house at Simhachala Nagar, Rajahmundry, along with two children and stayed there only. Four days before the offence, the accused went to the house of the brothers of the deceased at Simhachala Nagar and asked them to send the deceased; however, they refused to send the deceased and directed the accused to bring the elders. The accused went away by threatening that if the deceased failed to lead conjugal life, he would kill her. The accused developed grudge against the deceased and hatched a plan to murder her.

(iv) The master of deceased P.W.8 had been to Mumbai on 09.01.2014 and returned on 22.01.2024, as such for all these days, the deceased did not leave the house. On 22.01.2014, Gudivada Naga Annapurna-P.W.20, wife of P.W.8, called the deceased, and the deceased resumed her work. On 23.01.2014, the deceased attended work in the house of P.Ws.8 and 20 at about 8.30 a.m. The accused, armed with a knife, went to the house of P.W.8 and hid himself behind the shrubs situated at a vacant site in front of the house of P.W.8. Mukurupu Apparao-P.W.2, who is doing coolie work of breaking black gravel beside the road, noticed the accused going into the shrubs. However, he thought that the accused was going to answer the call of nature. At about 12.30 noon, the deceased completed her work and left the house of P.W.8 with rice and curry bowls. The accused attacked the deceased on a public road in front of the house of P.W.8. When the deceased raised cries, P.W.8 came to the compound wall of his house and witnessed the offence. The accused grew wild and hacked the deceased with a knife, causing multiple grievous diffuse bleeding injuries, and the deceased collapsed on the road and suc