Mondri Sreenu vs State Of Andhra Pradesh

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.

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.

PW-7 K. Rajamma is said to be the second wife of the appellant. She came to learn about the first marriage of the appellant one year after her marriage with him. Thereafter, she left his company. According to her also, appellant used to beat her after consuming alcohol.

The background fact in which the offence was alleged to have been committed is not in dispute. The relationship between the parties is also not in dispute. The fact that appellant had married PW-2 and they had been living separately for a few years before he came to his parents-in-laws' house to live with his wife has also not been disputed.

Furthermore, not only PW-3 and PW-4 but other prosecution witnesses whose independence is not in question, also proved the presence of appellant near the place of occurrence on the date of occurrence between 1.00 P.M. and 3.00 P.M. According to the post-mortem report, that was the probable period during which the offence is said to have been committed.

For the reasons aforementioned, we are of the opinion that there is no merit in this appeal which is dismissed accordingly.

.....................J (S.B. SINHA) .....................J (CYRIAC JOSEPH) NEW DELHI, OCTOBER 15, 2008.