THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE SAMBASIVARAO NAIDU CRIMINAL APPEAL No.88 of 2015

JUDGMENT

(per the Hon’ble Sri Justice P.SAM KOSHY The instant is an appeal under Section 374(2) of the Cr.P.C filed by the appellant – accused challenging the judgment of conviction dated 30.07.2013 in S.C.No.54 of 2010 passed by the V Additional District and Session Judge, Adilabad.

2. Heard Mr. M.K.Ratnam, learned counsel for the appellant and Mrs. Shalini Saxena, learned Additional Public Prosecutor appearing for the respondent – State.

3. Vide the impugned judgment, the appellant has been found guilty for having committed the offence under Section 302 of IPC, 1860 (for short, ‘IPC’) and was sentenced to undergo imprisonment for life with a fine of Rs.200/- and in default of payment of fine to undergo simple imprisonment for six (06) months.

4. The facts of the case, in brief, are that on 16.05.2007 the complainant Tuniki Narayana (PW.1) lodged a complaint at Police Station, Laxmanchand stating that the deceased got married to the appellant nine (09) years prior to the incident and has three years old child and she is also four months pregnant at the time of incident. PW.1 stated the appellant who suspected the fidelity of the deceased used to harass her physically and mentally and also beat her severely. On the morning of 16.05.2007, a heated argument erupted between the appellant, the deceased and PW.3 (mother of the deceased) over a sum of Rs.5,000/-. In a fit of rage, the appellant took his three years old son and left the house. Fearing for the child's safety, PW.3 enlisted the help of PW.7 (B. Linganna) and LW.8 (Sripada Narayana, not examined by prosecution) to retrieve the boy from the appellant who is at bus stand. Later, the appellant returned to the village, found the deceased near the house of PW.11 (R. Rajamallu) and forcibly took her home and brutally stabbed the deceased with a sickle causing severe injuries to her chest and stomach. Despite her injuries, the deceased managed to escape the house crying for help. Meanwhile, the appellant absconded from the house. PW.2 who was nearby found her bleeding and on asking the deceased stated that her husband stabbed her in the chest. Subsequently PW.2 informed PW.1 and PW.4 who along with others tried to help the deceased but she succumbed to her injuries.

5. The police authorities registered the complaint as Cr.No.46 of 2007 for an offence under Section 302 of IPC. After completion of the inquest, the body was sent for autopsy at the Government Community Hospital, Khanapur and the investigation started. During the course of investigation, LW.18 (J.Digamber, brother-in-law of the appellant) appeared before the Police Station and surrendered the appellant. On examination, the appellant stated that he stabbed the deceased in the chest on 16.05.2007 at 18:30 hours and on the basis of the confessional statement a charge-sheet was filed and the matter was put to trial before the Session Court i.e. the V Additional District and session Judge at Adilabad where the case was registered as S.C.No.54 of 2014.

6. The prosecution in order to prove its case, examined sixteen (17) witnesses and marked fifteen exhibits i.e. Exs.P1 to 15. There was no evidence led on behalf of the defence, neither was there any document marked in defence. Later on examination of the appellant was done under Section 313 of Cr.P.C and finally the impugned judgment was passed convicting the appellant for the offence under Section 302 of IPC and was sentenced to imprisonment for life with fine of Rs.200/-. It is this judgment which is under challenge in the present appeal.

7. Learned counsel for the appellant challenged the impugned judgment on the ground that the Trail Court failed to recognize several critical aspects of the case and also failed to appreciate the substantial evidence to prove the guilt of the appellant and further the Trial Court did not properly formulate the issues for consider