Anis, J. - (1.) This Criminal Appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is directed against the judgment dated 26.04.2010 in Sessions Case No. 345 of 2009 on the file of the learned Additional District & Sessions Judge, Kamareddy, whereunder and whereby the appellant/sole accused was found guilty of the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short, 'IPC') and accordingly convicted and sentenced her to undergo imprisonment for life.
(2.) The case of the prosecution, in brief, is as follows: "PW1, who is the resident of Vellutla village, gave a complaint to the police on 16.01.2009 and the same was registered as a case in Crime No. 11 of 2009 of Yellareddy Police Station for the offence punishable under Sec. 302 IPC. Then, P.W. 12 - Inspector of Police took up investigation, recorded the statements of the witnesses, conducted the scene of offence panchanama, held inquest panchanama, got photographed the scene of offence, recorded the confessional statement of the accused in the presence of mediators and seized the crime weapon. After receiving the reports, P.W. 12 filed the Charge sheet into the Court. Thus, the investigation reveals that one Gundla Bagaiah (hereinafter referred to as 'deceased') was the eldest son of P.W. 1. Initially, the deceased married to one Balamani, but she committed suicide due to unbearable torture. They are having a son. Thereafter, the deceased married the accused and they were blessed with a daughter by name Renuka. The deceased not only addicted to liquor but also a sadist and womanizer. The deceased was demanding the accused to provide a woman to fulfil his sexual desires and when she failed to do so, he used to assault her mercilessly apart from beating his mother and brother. The deceased also demanded the accused to participate in perverted sex. Having unbearable of the same, the accused developed a grudge against the deceased and decided to do away with his life. While so, on 15.01.2009, the accused went to attend the labour work in the morning at 6.30 a.m. and requested her brother -in -law i.e. PW2, who was aged about 14 years, to fetch her an axe for cutting firewood and after receipt of the axe, she kept it in their house. Later in the evening, the accused asked PW2 to fetch toddy bottle and the accused got herself intoxicated even prior to the toddy bottles being brought to the house. Thereafter, when the deceased returned to the house, the accused, the deceased and PW2 consumed liquor and had the dinner. When PW2 went to sleep, the accused took an axe and hacked the deceased on the right side of the neck causing a deep cut injury resulted in his death. At that time, PW2 woke up and witnessed the incident. Then, PW2 immediately ran out of the house and informed the same to his mother. The accused also confessed before the village elders that she murdered the deceased due to unbearable torture. After that, the accused ran away from the scene of offence and hid herself in the hillock, but in the evening she returned home in view of the fact that her three years old daughter was starving. Immediately, the police apprehended the accused and recorded her confession in the presence of mediators." Therefore, the accused is liable for the offence punishable under Sec. 302 IPC.
(3.) The trial Court framed the following Charge against the accused: "That on 16 -01 -2009 at the night hours you along with the deceased Gundla Bhagaiah, LW -2 Gundla Ramulu, and Renuka while sleeping, you took the axe and hacked the deceased Gundla Bhagaiah twice and thrice over the right side of the neck and due to injuries caused by you the deceased Gundla Bhagaiah died on the spot and on the report of LW -1 Gundla Rukkavva Yellareddy Police registered a case against you as Crime No. 11/2009, U/Sec. 302 of IPC, and after completion of investigation, the Inspector of Police Yellareddy filed charge sheet against you and thereby you committed an offence punishable U/Sec. 302 IPC within my cognizance." When the said charge was read over and explained to the accused, she pleaded not guilty and claimed to be tried.;