THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SHRI JUSTICE J. ANIL KUMAR CRIMINAL APPEAL No.716 OF 2015 JUDGMENT: (per Hon’ble Sri Justice K.Surender)

This appeal is filed aggrieved by the judgment dated

29.06.2015 in S.C.No.357 of 2014 on the file of Principal Sessions Judge, Warangal, convicting the appellant/ accused for the offence punishable under Section 302 of Indian Penal Code (for short ‘IPC’) and sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000/-. Further, the appellant was also convicted for the offence under Section 498-A of IPC and sentenced to undergo Rigorous Imprisonment for three (3) years and to pay a fine of Rs.1,000/-.

2. Heard learned counsel for the appellant/accused and learned Additional Public Prosecutor appearing for respondent-State.

3. Briefly, the case of the prosecution is that on 13.01.2014, at around 02:00 A.M., suspecting the character of his wife, the appellant/accused attacked her with an axe on head, neck and face, when she was sleeping in the house. As a result, she died instantaneously.

4. According to the complaint filed by PW1, PWs.2 and 3, who are the children of deceased and appellant, informed PW1 that the appellant had attacked their mother and though the children requested him not to harm their mother, he did not heed to their request and killed her and fled.

5. On the basis of complaint filed by PW1, who is the uncle of PWs.2 and 3, the case was investigated and charge sheet was filed for the offences under Sections 498-A and

302 of IPC.

6. During the course of trial, PWs.2 and 3, who are the eye witnesses and children of the appellant and deceased, deposed in their evidence that on 13.01.2014, at around 02:00 A.M., the appellant gave a blow on their mother’s left cheek with an axe. Due to the deceased shouting, both PWs.2 and 3 woke up and requested the appellant not to hack their mother. However, the said hacking continued, due to which, their mother died instantaneously. Immediately, both of them went and informed PW1 and also their grandmother (not examined). On the next day morning, a complaint was filed.

7. Inquest proceedings were conducted and post-mortem examination was done. Doctor/PW9 found the following injuries which are ante-mortem in nature:

i. A sharp incised wound of 10 cms x 8 cms x 4 cms present over left side of the cheek with corresponding fracture of maxillary and mandibular bone with dislodged tooth from their cavities present. Edges of these wounds look like clean cut injury types with dried blood clots present in the wounds.

ii. A sharp incised wound of 3 cms x 1 cm present from the bridge of the nose to the middle end of the eyebrow on left side. Edges of this wound are clean cut type.

iii. A sharp incised wound of 2 cms x 1 cm 1 1 cm present above the upper lip to the side of ala of nose on left side. Edges of this wound are of clean cut type.

iv. A sharp incised wound of 2 cms x 1 cm x 1 cms, present below the lower lip on the left side of chin. Edges of injury are of clean cut type.

v. A sharp incised wound of 1 cm x ½ cm x ½ cm present on the left side at the lateral end of the eyebrow. Edges of this injury are clean cut type.

vi. A sharp incised wound of 2 cms x 1 cm x 1 cm present on the right side of the neck above the medial end of the clavicle bone. Edges of this injury are clean cut type.

8. In her evidence, PW9/Doctor deposed that the deceased would have died, due to hemorrhagic shock and fracture of face, about 12 to 14 hours prior to post-mortem examination and she further opined that the said injuries could have been caused by means of a sharp edged weapon like an axe.

9. The narration of PWs.2 and 3 regarding the incident was accepted and conviction was recorded by the learned Sessions Judge.

10. Learned counsel for the appellant would submit that keeping aside the evidence of PWs.2 and 3, there is no evidence on record to come to a conclusion that it was the appellant who had committed the act of murder. In fact, the appel