- (1.) APPELLANT is before us aggrieved by and dissatisfied with the judgment and order dated 12. 10. 2004 passed by the High Court of Andhra Pradesh at Hyderabad, whereby and whereunder the appeal preferred by him from a judgment and order dated 21. 12. 2001 passed by the learned Sessions Judge, Khammam in S. C. No. 143/2001 convicting the appellant herein for commission of an offence punishable under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life and also to pay a fine of Rs. 100, in default to suffer r. I. for one month, was dismissed.
(2.) THE basic fact of the matter is not in dispute. The deceased Batta Chandramma is the mother-in-law of the appellant. Appellant married her third daughter Bhadrakali sometime in 1990. A daughter and a son were born to them. As appellant is said to have started harassing his wife by beating and abusing her, she deserted him and went to her parents' house at chinthalagudem Village and started living with them. Appellant, thereafter, married another woman. However, he came to Village Chinthalagudem where his parents-in-law were residing, to live with them. But after 10 days he started harassing his wife again. Batta Chandramma (the deceased) - mother-in-law of the appellant allegedly used to quarrel with him and had asked him to leave the house. On 19. 10. 1999, the deceased went to the agricultural field belonging to the family and she did not return till evening. On enquiry, one B. P. Veraiah informed the informant that he had seen the appellant in the fields and also heard some cries. Pursuant thereto, Pitchaiah, Chinna Veeraiah, Barla Ram Babu and Degala veeraiah went to the fields in search of Chandramma. They found her dead body lying in a pool of blood. Her sari was also tied around her neck. Accusing the appellant as the person responsible for her death, a first information report was lodged. Appellant was arrested at about 8. 30 P. M. on 22. 10. 1999. He admitted his guilt and confessed about the commission of the offence. He also made a disclosure statement pursuant whereto a stick and a stone, which were said to have been used in the commission of the offence, were recovered. The said articles were seized.
(3.) APPELLANT was produced before Shri R. Verra Reddy, Mandal Magistrate, dummugudem on 4. 11. 1999 and his confessional statement was recorded. Before the learned Sessions Judge, the prosecution examined 18 witnesses. We, however, need not deal with the depositions of all the prosecution witnesses. Suffice it to point out that PW-1 (Batta Pitchaiah) - father-in-law of the appellant in his deposition categorically supported the statements made in the first information report before the S. H. O. of Bhadrachalam Police Station. PW-2 Bhadrakali, who is the wife of the appellant, also supported the prosecution case. PW-3 Batta Pedda veeraiah and PW-4 Batta China Veeraiah, who were brothers of PW-1 and had been working in the adjoining fields, deposed that they had seen appellant and the deceased together. PW-3 categorically stated that whereas the deceased chandramma was sitting on 'mancha' in her paddy field, the appellant (accused)was standing near it and Chandramma was shouting at appellant. Thinking that the same was a common affair between them, he went to his work. The evidence of PW-4 is also to the same effect.;