THE HON’BLE SRI JUSTICE K. LAKSHMAN AND THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY CRIMINAL APPEAL No.1271 of 2017

JUDGMENT:

(Per Hon’ble Sri Justice K.Lakshman)

Heard Mr.P.Prabhakar Reddy, learned legal-aid counsel appearing for the appellant/accused and Dr.S.Prashanth, learned Assistant Public Prosecutor.

2. Appellant is the sole accused in S.C.No.352 of 2015 on the file of learned the Judge, Family Court-cum-VIII Additional Sessions Judge, Mahabubnagar. Vide impugned Judgment dated 26.04.2017, learned trial Court convicted the appellant/accused for the offence under Section 302 of the Indian Penal Code (for short, ‘IPC’) and sentenced him to undergo life imprisonment. Learned trial Court acquitted him for the offence under Section 307 of IPC.

3. The case of the prosecution in nut-shell is that the appellant bore grudge on Smt.Kampendla Lakshmamma (hereinafter referred to as ‘the deceased’) and killed her. The deceased is the mother of PW.1, maternal grandmother of PWs.2 and 4 and sister of PW.3. PW.2 is the wife of the appellant and their marriage was performed in the year 2014. Thereafter, they have obtained customary divorce vide Ex.P.5 document, dated 16.08.2014. According to the prosecution, PW.2 alleged against the appellant that he is an impotent and she has informed the said fact to her mother and the deceased. A panchayat was held on 16.08.2014 before the elders in which both the appellant and PW.2 agreed for divorce and they have obtained customary divorce vide Ex.P.5 document, dated 16.08.2014. Accordingly, Ex.P.5 customary divorce document dated 16.08.2014 was drafted by PW.8.

4. It is also the further case of the prosecution that, in the said panchayat, the deceased, grandmother of PW.2, abused the appellant before the elders stating that though he is an impotent and incapable of leading marital life, even then he married her granddaughter (PW.2) and spoiled her life. Thus, she has abused the appellant in filthy language before the elders. Therefore, he bore grudge against the deceased and killed her on 24.11.2014.

5. Basing on Ex.P.1 - complaint lodged by PW.1, dated 24.11.2014, Police, Kalwakurthy Police Station, registered a case in Crime No.229 of 2014 vide Ex.P.10 FIR, dated 24.11.2014 for the offences punishable under Sections 302 and 307 of IPC. During the course of investigation, the Investigating Officer recorded the statements of PWs.1 to 11, collected Exs.P.1 to P.12, seized M.Os.1 to 6 and laid the charge sheet against the appellant herein.

6. Learned trial Court took cognizance for the aforesaid offences vide S.C.No.352 of 2015.

7. To prove the said offences, prosecution has examined PW.1 - daughter of the deceased, PW.2 - wife of the appellant, PW.3 - brother of the deceased, PW.4 - granddaughter of the deceased, PWs.5 to 7 – elders, PW.8 - village elder, who drafted Ex.P.5 customary divorce document dated 16.08.2014, PW.9 - Panch Witness for seizure, PW.10 – Doctor, who conducted autopsy over the dead body of the deceased, PW.11 - Panch Witness to the inquest and PW.12 - Investigating Officer. Exs.P.1 to P.12 documents are exhibited on behalf of the prosecution and M.Os.1 to 6 were marked. Exs.D.1 to D.3 are the portions of statements of PWs.3 and 4 recorded under Section 161 of the Code of the Criminal Procedure, 1908 (for short, ‘Cr.P.C.’) exhibited on behalf of the appellant.

8. On consideration of the said evidence, both oral and documentary, vide the impugned Judgment dated 26.04.2017, learned trial Court convicted the appellant for the offence under Section 302 of IPC and sentenced him to undergo life imprisonment. However, learned trial Court acquitted him for the offence under Section 307 of IPC. Challenging the said Judgment, appellant has preferred the present appeal.

9. Petitioner was in jail from 26.04.2017 and this Court granted bail to him on 05.01.2022. He is on bail now.

10. Mr.P.Prabhakar Reddy, learned legal-aid counsel appearing for the appellant, contended as follows:

i) Prosecuti