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1951 Supreme(Mad) 394

MACK, SOMASUNDARAM


Advocates:
V. Rajagopalachari, J. Krishnamurthi and Sambasiva Rao for Appellant.
The Assistant Public Prosecutor (A.C. Muthanna) for the State.

Judgments:

Mack, J.-This is a case, which has given us anxious consideration. Appellant, a man aged 43, has been found guilty under section 302, Indian Penal Code, of the murder of his 17 year old wife, Balakotamma, by strangling her to death during the night of 29th May, 1950, in his house in Vetapalam village in which there were admittedly no other inmates. The next morning appellant asked a washerman (P.W. 7) to take a message to his wife’s uncles, P.Ws. 1 and 5 and her maternal uncle and foster father P.W. 6 who all lived at Vadlamudi, a village three miles away to the effect that she was found lying speechless and unconscious in his house. On receipt of this message at 7 a.m. P.Ws. 1, 5 and 6 hastened to Vetapalam and found Balakotamma lying dead on a cot. According to P.W. 1, appellant when questioned first made no reply and then denied knowledge of anything. There were no visible injuries on the body. Suspecting that appellant and his concubine one Subbamma had poisoned her, they made a complaint to this effect Exhibit P-I at the Vadlamudi Police Station at midday. The only evidence that the village munsif of Vetapalam (P.W. 9) gives is that he was a panchayatdar at the inqu





























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