Namala Subba Rao Vs. State of A.P  Insc 656 (17 October 2006)
Mathur & A.K. Mathur A.K. Mathur, J.
present appeal is directed against an order passed by the Division Bench of the
High Court of Judicature at Andhra Pradesh in Criminal Appeal No. 77 of 2002
whereby the Division Bench has affirmed the conviction of the accused-appellant
under Section 302 of the Indian Penal Code (hereinafter to be referred to as
"I.P.C.") and sentence of imprisonment for life and a fine of Rs.
against this order, the accused-appellant has preferred the present appeal.
facts giving rise to this appeal are that the accused is the husband of Namala Kannamma
(for short deceased). The accused had a daughter by name Namala Venkata Laxmi.
He alongwith his deceased wife and daughter was residing in the house situated
at 18th Ward, Old Town, Tanuku. He suspected his wife's fidelity because of the
illicit intimacy with PW-2 Kokkirigadda Someswara Rao. He asked his daughter
PW-6 to keep a watch on the deceased wife. He also communicated to the deceased
wife to snap her relationship with PW-2. But his wife did not listen to him.
or five days prior to the incident i.e. on 12th November, 1996, deceased had
left the house of the accused and started residing with PW-2. On 12th November, 1996, the accused sent a word to his
deceased wife through PW-3 Velagada Suramma to return home.
communicated the message to the deceased that her presence was required at her
house by her husband. The deceased told PW-3 to inform her husband that she
would come sometime later. The reply of the deceased got the accused enraged.
He went to the house of PW-2 and on his way he picked MO.2 Baditha from PW-4 Sambhana
Satyanarayana, a carpenter. After reaching at the house of the PW-2, the
accused dealt blows to the deceased with MO.2 Baditha and killed her. Later on
the accused went to PW-1, Atchuyutharama, Rao, an Administrative Officer of
that village at 1.45 P.M. and informed him the circumstances under which he has
killed his wife. The accused's clothes were stained with blood and he was armed
with MO.2 Baditha in his hand. PW-1, an Administrative Officer wrote out a
report & obtained the signature as well as the thumb impression of the
accused thereon and produced the same as Ex.P-1 before PW-11, A.V.R.P.V.
Prasad, Incharge, Police Station, Tanuku. The Sub-Inspector of Police, PW-11
received the statement of the accused alongwith the endorsement of PW-1 thereon
and registered a case under Section 302, I.P.C. He seized the blood-stained
shirt and blood-stained Baditha from the accused and the same was kept under
the cover of Ex. P-19 in the presence of P.W.9, Bhogaraju Subba Rao, P.W.1-
Administrative Officer and other Panch witnesses of the village.
PW-12 B.V. Chandra Rao, Inspector of Police, Tadepalligudem Circle, inspected the scene of occurrence and seized two
pairs of hawai chappals, broken bangles and found the blood-stained earth.
Necessary panchanama of the deceased body was also prepared in presence of the
witnesses. After completion of investigation a charge-sheet was filed against
the accused under the aforesaid section. The prosecution in support of its case
examined 14 witnesses and got the documents marked Ex. P-1 to P-24 and material
objects 1 to 11.
basis of necessary evidence, the learned Sessions Judge found the accused
guilty for the offence under Section 302 IPC and sentenced him to suffer
imprisonment for life and to pay a fine of Rs. 1000/-. Aggrieved against the
conviction by the trial court, an appeal was preferred by the accused before
the High Court and the High Court confirmed the conviction of the accused.
Hence, the present appeal.
have gone through the judgment of learned Sessions Judge as well as the High
Court and necessary evidence produced on record. We have also gone through the
statement of PW-1, an Administrative Officer who has recorded the
extra-judicial confession of the accused and the statement of PW-2 from whose
house the dead body of the deceased was recovered. We have also gone through
the statement of P.W.4, carpenter from whom the accused has taken the Baditha.
We have also gone through the testimony of other witnesses who have seen the
accused with blood-stained clothes along with Baditha. These statements make
one chain which leads to one conclusion i.e. the guilt of the accused.
counsel for the appellant has strenuously urged before us that the testimony of
these witnesses is unreliable and he has criticized the statement of PW-1 being
a Police stock witness.
is interested witness as he had illegal intimacy with deceased and P.W.4's
testimony suffers from contradiction.
having considered all submissions, we find that the extra judicial confession
recorded by PW-1 has ring of truth and the same is corroborated by the recovery
of the blood-stained clothes and Baditha with which the accused has attacked
the deceased to death. The testimony of PW-2 and PW 4 fully corroborates the
extra judicial confession recorded by PW-1, an Administrative Officer.
Therefore, there is no manner of doubt that the accused was the assailant as he
was annoyed with his deceased wife because of co-habitation with PW-2.
counsel next submitted that this case is covered under exception 1 to Section 300,IPC
as the accused was under grave and sudden provocation of his wife not abiding
not think ,in the present case, it can be said to be on account of grave and
sudden provocation to the accused for dealing his wife in this manner. This
cannot be said to be sudden provocation that the wife did not come to the house
of the accused on message sent to her. Accused had reasonable time to go to
carpenter's shop for picking up Baditha and dealt the deceased with the Baditha.
This was not a grave and sudden provocation to give a cause to such fatal
injuries to his wife. Therefore, this case cannot cover under the clause of
grave and sudden provocation. Hence, the contention of the learned counsel for
the accused cannot be sustained and accordingly we reject the same.
we do not find any merit in this appeal and the same is dismissed.