- (1.) This appeal is directed against judgment and order dated 24.2.2005, passed by the High Court of Judicature Andhra Pradesh at Hyderabad, whereby Criminal Appeal No. 1313 of 2002, filed by accused/respondent Patchimala Vigneswarudu @ Vigganna @ Ganapathi, is allowed, and he is acquitted of the charge of murder punishable under Section 302 of Indian Penal Code (IPC), and order of conviction and sentence, passed against him by II Additional Sessions Judge, East Godavari at Rajahmundry in Sessions Case No. 363 of 2001, was set aside.
(2.) Prosecution story, in brief, is that Pachimala Ganga, daughter of PW-1 Jithuka Nagooru and PW-2 Jithuka Veeramma, got married to the accused/respondent. Their marriage was solemnized some two years before the date of incident. After marriage deceased Pachimala Ganga joined company of her husband at Cheyyeru Agraharam, and started living with him. After some time the accused came to know that he was suffering from venereal disease. He suspected that he might have contacted it through his wife. This started souring of relations between the two. According to the prosecution, the accused thereafter started ill-treating his wife, on which she left him and went to her parents' house. Sarojini, sister of the accused, went to the house of the parents of the deceased and promised that the deceased would not be subjected to ill-treatment. On this personation deceased went again to Cheyyeru Agraharam, i.e. village of her husband, but she was again allegedly subjected to harassment. As such, prior to ten days before her death PW-1 and PW-2 (parents of the deceased) took her back to their house.
(3.) On 5.8.2001 at 6.00 p.m. the accused himself went to the house of his in-laws (PW-1 and PW-2) and took his wife on the pretext that they were going to watch night show of movie 'Eduruleni Manishi' in Devi Ganesh theatre in neighbouring Mukteswaram village. According to prosecution, the couple went to the movie but the accused had a plan to kill her. After midnight while returning home, the accused took his wife towards coconut tope (grove of PW-8 Ponakala Satyanarayana Murthy) and murdered his wife by strangulating her. Thereafter, the accused left the place and absconded. PW-1 and PW-2, when their daughter did not return, started searching for her. On 6.8.2001 in the morning her dead body was found in the coconut tope. PW-7 Yalla Satyanarayana noticed the dead body and told about the same to PW-1 and PW-2.;