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1994 DIGILAW 1388 (SC)

Addanki Venkateswara Rao v. Public Prosecutor, High Court Of A. P. . Hyderabad

1994-12-07

FAIZAN UDDIN, G.N.RAY

body1994
JUDGMENT This appeal has been filed under Section 2(a) of the Supreme Court (Enlargement of the Criminal Appellate Jurisdiction) Act, 1970 against the conviction of the appellant by the Division Bench of the Andhra Pradesh High Court in Criminal Appeal No. 185 of 1985 after setting aside the order of acquittal passed by the learned Additional Sessions Judge Vijayawada in Sessions Case No. 96/82. The High Court has sentenced the appellant to suffer imprisonment for life for an offence of committing murder of his wife. The prosecution case in short is that the accused is a washerman by caste and he was addicted to drinking and gambling. He used to ill-treat his wife and quarrel with her often. As a result, the deceased-wife left the husband and started residing in the house of another casteman in the village being PW-5. On the date of occurrence, the deceased along with PW-1 her son aged about 12 years had been going to the ghat for washing clothes when she was attacked by the accused who stabbed her on the chest and on other parts of the body. As a result, she died within a few minutes. Hearing the alarm raised by the PW-1 the son of the deceased and the deceased, P.Ws. 2, 3 and 4 who were other washerman washing clothes in the ghat, came running, PW-2 chased the accused but had to come back because the accused threatened him with a knife, PW-3 and PW-4 who reached the place of occurrence immediately after the incident, after hearing the cries, also noticed the accused running away from the spot. Before her death, the deceased had also made statement to P.Ws. 3 and 4 that her husband had stabbed her. 2. We have looked into the judgment passed by the learned Additional Session Judge and also by the High Court and it appears to us that the judgment passed by the learned Additional Session Judge was contrary to the weight of evidence and perverse. The High Court, by indicating good reasons, set aside the said judgment of acquittal and by indicating cogent reasons convicted the appellant for murdering his wife and passed the aforesaid sentence. In the instant case there was two eye-witnesses who had seen the commission of offence. The High Court, by indicating good reasons, set aside the said judgment of acquittal and by indicating cogent reasons convicted the appellant for murdering his wife and passed the aforesaid sentence. In the instant case there was two eye-witnesses who had seen the commission of offence. The son of the deceased though a boy aged 12 years deposed in a straightway manner about stabbing his mother by his father, the accused. His evidence is fully corroborated by the evidence of PW-2 who is also an eye-witness. P.Ws. 3 and 4 came to the place of occurrence immediately after the incident had also noticed that the accused was running away from the place. The deceased stated to the said witnesses that the accused had stabbed her. In the aforesaid circumstances, the prosecution case has been clearly established. We, therefore, find no reason to interfere with the impugned judgment. This appeal, therefore, fails and is dismissed. It appears, that by an order dated 25-8-1988 the appellant has been enlarged on bail. His should be taken into custody to serve out the sentence. Appeal dismissed. For Citation: 1995 Cri. LJ 2633