JUDGMENT : K.Suresh Reddy, J. Sole Accused in Sessions Case No.69 of 2013 on the file of the Court of II Additional Sessions Judge (F.T.C), Parvathipuram, Vizianagaram District, is the appellant in the present Criminal Appeal. He was tried and convicted by the learned Additional Sessions Judge under two (02) charges. First charge is under Section 302 IPC for causing the death of his wife and the second charge is under Section 324 IPC for inflicting injuries on PW-1. 2. The substance of the charge is on 27.11.2012 at about 10.30 A.M, the accused attacked his wife viz., Smt. Kurmadasula Neelaveni (hereinafter referred to as the “deceased”) with a knife and caused injuries over her neck and other parts of her body, resulting instantaneous death and in the same process, he also caused injuries to PW-1, thereby committed offences punishable under Sections 302 and 324 IPC. 3. After completion of trial, the learned Additional Sessions Judge convicted the accused under Section 302 IPC and sentenced him to suffer imprisonment for “LIFE” and also to pay a fine of Rs.1,000/- in default, to undergo Simple Imprisonment for one (01) month. The learned Additional Sessions Judge also convicted the accused under Section 324 IPC and sentenced him to suffer Simple Imprisonment for a period of one (01) year. Both the substantive sentences were directed to run concurrently. 4. Facts in nutshell, as per the evidence of prosecution witnesses, are as follows:- PW- 1 is the mother and PW-2 is the brother of the deceased respectively. The accused is none other than the husband of the deceased. Originally, the marriage of the deceased was performed with one Yegireddi Lakshmunaidu and they were blessed with a daughter. About 10 years prior to the date of incident, the deceased and Lakshmunaidu separated themselves due to some disputes. After separation, the deceased got married to the accused and both are residing at Visakhapatnam. Both the deceased and accused lived together for a period of seven (07) years happily. Later, as the accused used to harass the deceased both physically and mentally by suspecting her fidelity, the deceased left the house of the accused and started living with her mother-PW-1. While so, on27.11.2012, the deceased along with PWs-1 and 2 boarded train at Vishakapatnam to go to their native place Thodumu Village for celebrating “Karthika Pournima” in their Village. Later, as the accused used to harass the deceased both physically and mentally by suspecting her fidelity, the deceased left the house of the accused and started living with her mother-PW-1. While so, on27.11.2012, the deceased along with PWs-1 and 2 boarded train at Vishakapatnam to go to their native place Thodumu Village for celebrating “Karthika Pournima” in their Village. They got down the train at Parvathipuram Railway Station. PW-2 went to Parvathipuram Town to meet one of his friend. Later, the accused met the deceased and PW-1 at Parvathipuram Railway Station. The deceased, PW-1 and the accused boarded an Auto belonging to PW-9 and got down at Gummada Road Junction. There all the three had Tea at the Tea Stall of PW-6 on the road side. In the meanwhile, the accused went to the Pan Shop of PW-7 at about 9.00 or 9.30 A.M. and consumed liquor. PW-1 and the deceased were proceeding by walk towards Gummada and Thodumu by the side of Nagavali River at about 9.30 A.M. Having observed that nobody was present at that time, the accused suddenly took out a knife from his pocket and stabbed on the neck and other parts of the body of the deceased. When, PW-1 tried to interfere, he also beat her with the said knife on the left hand near the shoulder and the left hand fore arm and on the wrist of both the hands. Hearing the cries of PW-1, PWs- 3 to 6, who were at a distance of 50 meters, saw the accused holding knife. Due to fear, PWs-3 to 6 did not interfere and the accused ran away from the scene. The deceased died on the spot. Thereafter, PW-1 went to the Police Station and gave a report to the Police. PW-16- Sub-Inspector of Police, Komarada Police Station recorded the statement-Ex.P-1 from PW-1 and registered a Case in Crime No.76 of 2012 under Sections 302 , 498-A and 324 of IPC. He issued copies of FIRs to all the concerned. Ex.P-33 is the copy of FIR. Having received the information, the Inspector of Police proceeded to the scene of offence along with mediators PW-10 and another. He prepared an observation report-Ex.P-9 in the presence of mediators. He also seized blood stained earth and controlled earth at the scene of offence. He also prepared rough sketch-Ex.P-34. He got the scene photographed through PW-13. Having received the information, the Inspector of Police proceeded to the scene of offence along with mediators PW-10 and another. He prepared an observation report-Ex.P-9 in the presence of mediators. He also seized blood stained earth and controlled earth at the scene of offence. He also prepared rough sketch-Ex.P-34. He got the scene photographed through PW-13. Exs.P-16 and 17 are the positive photos and negatives and C.D. PW-15- Mandal Executive Magistrate held inquest over the dead body in the presence of mediators. Ex.P-12 is the inquest report. PW-17 examined PWs-1 to 8 and recorded their statements at the time of inquest. He sent the dead body for conducting Post-Mortem examination. PW-12, Civil Assistant Surgeon, conducted autopsy over the dead body. He found eight external injuries on the body of the deceased. He opined the cause of death was due to “hemorrhagic shock and injury to vital organ right lung”. He issued Post-Mortem Certificate-Ex.P-13. 5. On 28.11.2012 on credible information, PW-17 along with mediators i.e., PW-10 and another proceeded to Gummada Railway Station and at about 3.00 P.M, he arrested the accused, who said to have confessed in the presence of PW-10 and another about the commission of offence. On the basis of said confession, he went to the out skirts of Gummada Village in the fields of Chapala Somulu and produced a knife- M.O-1. The same was seized under a cover of panchanama-Ex.P-11. He also seized blood stained cloths of the accused-M.Os. 3 and 6 and sent the material objects to RFSL and later RFSL sent a report-Ex.P-35 on 09.12.2012. PW-18- Inspector of Police has taken up further investigation. He filed a requisition before the concerned Magistrate for conducting Test Identification Parade of the accused to identify by PWs-3 to 6. Accordingly, PW-14- Judicial Magistrate of First Class, Bobbili, conducted Test Identification Parade of accused at Sub-Jail, Parvathipuram on 19.01.2013. When, PW-14 questioned the accused, the latter has stated “no objection” for conducting Test Identification Parade. In the Test Identification Parade, PWs-3 to 6 identified the accused as the person who attacked the deceased. The Test Identification Parade reports were marked as Exs.P-19 to 30.After receipt of RFSL report and after completion of investigation, PW-18 filed charge sheet. 6. In support of its case, the prosecution examined PWs-1 to 18 and marked Exs.P-1 to 35 and got exhibited M.Os-1 to 6. 7. The Test Identification Parade reports were marked as Exs.P-19 to 30.After receipt of RFSL report and after completion of investigation, PW-18 filed charge sheet. 6. In support of its case, the prosecution examined PWs-1 to 18 and marked Exs.P-1 to 35 and got exhibited M.Os-1 to 6. 7. When the accused was examined under Section 313 Cr.P.C., he denied the incriminating material found against him. 8. Accepting the evidence of prosecution witnesses, the learned Additional Sessions Judge convicted the accused as aforesaid. 9. Heard the learned counsel for the appellant as well as the learned Public Prosecutor. 10. We have gone through the entire material on record. 11. The relationship between the accused and deceased is not in dispute. As the accused was harassing the deceased both physically and mentally, she left the company of the accused and started living with her mother-PW-1. While so, on 27.11.2012 PWs.1, 2 and the deceased were going to their Village Thodumu to celebrate “Karthika Pournima”. The evidence of PWs.1 and 2 is crystal clear that they got down train at Parvathipuram Railway Station. The evidence of PW.1 further goes to show that when PW.1 and deceased boarded an Auto to go to their Village, the accused also boarded the very same Auto. All the three got down from the Auto at Gummada Village. While they were walking, all of a sudden, the accused picked up a knife from his pocket and attacked the deceased. When PW-1 tried to interfere, the accused also beat PW-1, who received three injuries on her hands. Of course, the accused did not use the sharp edge of the weapon while attacking PW-1. PW-1 specifically stated that the accused beat her with the very same knife. So far as the attack on the deceased is concerned, PW-1 specifically stated that the accused stabbed the deceased with knife. Hearing the cries of PW-1, PWs-3 to 6, who were at a distance of 50 meters, have witnessed the accused holding a knife in his hand and the deceased fell down on the ground with blood oozing from her throat. The evidence of PW-1 is crystal clear that it is the accused, who caused the death of the deceased. PW-1 has also received injuries in the hands of the accused. The evidence of PWs-3 to 6 clearly goes to show that the accused was holding a knife in his hand. The evidence of PW-1 is crystal clear that it is the accused, who caused the death of the deceased. PW-1 has also received injuries in the hands of the accused. The evidence of PWs-3 to 6 clearly goes to show that the accused was holding a knife in his hand. The evidence of PW-2 would show that on the fateful day, all the three i.e., PW-1, himself and deceased got down at Parvathipuram Railway Station. Further, the evidence of PWs-1 and 3 to 6 also clinchingly corroborates with the medical evidence spoken by PW-12. So far as the evidence of PWs-3 to 6 are concerned, they are independent witnesses and more over they are strangers to the accused as well as the deceased. As such, the investigating agency got conducted Test Identification Parade of the accused by PWs-3 to 6. The evidence of PW-14 also show that all the material prosecution witnesses identified the accused in the Test Identification Parade. The evidence of PWs-1, 3 to 6, 12 and 14 clinchingly establish that it is the accused, who caused the death of the deceased and who inflicted the injuries on PW.1. 12. On the above analyses and having carefully examined the case in its entirety, in the considered opinion of this court, the prosecution has proved the guilt of the appellant/accused beyond all reasonable doubt. Therefore, the conviction and sentence recorded by the trial court needs no interference. 13. In the result, the present Criminal Appeal is dismissed confirming the conviction and sentence passed by the learned II Additional Sessions Judge (F.T.C), Parvathipuram, Vizianagaram District, in Sessions Case No.69 of 2013, dated 18.07.2014. Consequently, miscellaneous petitions, if any, pending shall stand closed.