JUDGMENT : (Per Hon’ble Sri Justice K.Suresh Reddy) Sole Accused in Sessions Case No.328 of 2015 on the file of the Court of I Additional Sessions Judge, Rajahmundry, is the appellant in the present Criminal Appeal. He was tried and convicted by the learned Additional Sessions Judge under Section 302 IPC and sentenced to suffer imprisonment for “LIFE” and also to pay a fine of Rs.5,000/-, in default to suffer Simple Imprisonment for a period of two (02) years. 2. Substance of the charge is that on 17.11.2014 at about 1.30 P.M, the accused hacked his wife by name Maturi Sunitha (hereinafter referred to as “the deceased”) with M.O-3-Kinfe in Ravi Infotech Computer Centre belonging to Pw-8, causing her instantaneous death, thereby committed offence punishable under Section 302IPC. 3. Case of the prosecution, as per the evidence of prosecution witnesses, is as follows:- All the material prosecution witnesses are residents of Pamarru Village. The deceased was also a resident of the same Village. The accused is a resident of Kunduru Village. PW-1 is the younger brother of the deceased, Pw-3 is the mother of the deceased and Pws-4 and 6 are the relatives of the deceased respectively. The marriage of the deceased was performed with the accused in the year-2009. At the time of marriage, an amount of Rs.1,50,000/- was given to the accused apart from six (06) sovereigns of gold. The accused was working as a Hindi pandit at that time and both the accused and the deceased set up their family at Hyderabad. After six (06) months, the deceased conceived and she was brought from Hyderabad to Pamarru. Thereafter, she gave birth to a male child. Thereafter, the accused left his job and came down to Kunduru Village to his parents’ house. The deceased was sent to the accused to Kunduru Village to lead matrimonial life after providing “sare”. The accused used to ill-treat the deceased, demanding additional dowry and also used to suspect her fidelity. Thereafter, the deceased left the matrimonial home and she started living with her parents’ i.e., Pws-1 and 3. Unable to bare the harassment, the deceased gave a report to the police and a case in Cr.No.63 of 2014 was registered against the accused under Section 498-A IPC at Pamarru Police Station. In connection with the above crime, the accused was arrested. Unable to bare the harassment, the deceased gave a report to the police and a case in Cr.No.63 of 2014 was registered against the accused under Section 498-A IPC at Pamarru Police Station. In connection with the above crime, the accused was arrested. Thereafter, the accused filed O.P.No.66 of 2014 on the file of the Court of Senior Civil Judge, Ramachandrapuram seeking restitution of conjugal rites. As the said case was coming up for filing counter on 10.11.2014, Pw-5- an Advocate filed vakalat on behalf of the deceased. On 16.11.2014, the accused telephoned to Pw-5 and threatened him in an uncouth language and asked him to advice the deceased to join with him otherwise he would kill the deceased and also Pw-5. Then, Pw-5 advised the deceased, Pws-1 and 3 to be more careful. The deceased was learning computer course in Ravi Infotech centre at Ramachandrapuram, which is owned by Pw-8. Pw-2 is working as a faculty in the said computer centre. Pw-1 used to accompany the deceased to the computer centre due to fear of the accused. The accused also joined in the said computer centre for learning computer course. 4. On 17.11.2014 at about 1.30 P.M, Pw-1 took the deceased to the computer centre and dropped her there. Then, he went to the medical shop in Stalin Hospital and purchased medicines and returned back. When he came to the computer centre, which is situated in the first floor, he found the accused hacking the deceased. When Pw-1 tried to intervene, the accused pushed him aside and fled away along with knife. Due to the said attack, the deceased died on the spot in a pool of blood. Immediately, Pw-1 went to police station and gave a report-Ex.P-1 to the police. 5. Pw-12-Sub- Inspector of Police, Ramachandrapuram Police Station received Ex.P-1 at about 3.00 P.M from Pw-1 and registered a case in Cr.No.184 of 2014 under Section 302 IPC and issued copies of FIRs to all the concerned. Ex.P-10 is the copy of FIR. Having received information, Pw-13-Inspector of Police along with Pw-12 went to the scene of offence, situated at Ravi Infotech Centre. He prepared observation report-Ex.P-5 in the presence of Pw-10 and another. He also prepared rough sketch-Ex.P-11 at the scene of offence. He got the scene photographed through Pw-7. Photographs were marked as Ex.P-2. Ex.P-10 is the copy of FIR. Having received information, Pw-13-Inspector of Police along with Pw-12 went to the scene of offence, situated at Ravi Infotech Centre. He prepared observation report-Ex.P-5 in the presence of Pw-10 and another. He also prepared rough sketch-Ex.P-11 at the scene of offence. He got the scene photographed through Pw-7. Photographs were marked as Ex.P-2. He seized M-Os-1 and 2 i.e., blood stained ceramic tails and controlled ceramic tails at the scene of offence. Thereafter, he recorded the statements of Pws-1 to 6 and others. He also conducted inquest over the dead body in the presence of Pw-10 and another. Inquest report was marked as Ex.P-6. He forwarded the dead body to the Government General Hospital, Ramachandrapuram for Post-Mortem examination. 6. Pw-11, Medical Superintendent, Area Hospital, Ramachandrapuram conducted autopsy over the dead body. He opined the cause of death was due to “multiple injuries with severe haemorrhage and shock”. He issued Post-Mortem Certificate- Ex.P-9. On the same day, Pw-12 arrested the accused near Government Hospital, Ramachandrapuram in the presence of Pw-10. On the basis of the confession made by the accused, M.O-3-Knife was recovered from the bushes at Junior College ground, Ramachandrapuram. He also seized M.Os-4 and 5 i.e., shirt of the accused and button of the shirt of the accused. He also seized M.Os-6 to 11 wearing apparels of the deceased. He sent the material objects to RFSL, Vijayawada. After receiving of RFSL report, Post-Mortem Certificate-Ex.P-9 and after completion of investigation, Pw-13 filed charge sheet. 7. In support of its case, the prosecution examined PWs-1 to 13 and marked Exs.P-1 to 13 and also exhibited M.Os-1 to 11. 8. When the accused was examined under Section 313 Cr.P.C., he denied the incriminating material found against him. 9. We have heard the learned counsel for the appellant as well as the learned Assistant Public Prosecutor for the State. 10. We have carefully scrutinized the entire evidence on record. 11. The relationship between the accused and the deceased are not in dispute. It is also not in dispute that the marriage of the accused was performed with the deceased in the year-2009. It is also not in dispute that on the basis of the report given by the deceased, a case in Cr.No.63 of 2014 of Pamarru Police Station was registered against the accused under Section 498-A IPC. It is also not in dispute that the marriage of the accused was performed with the deceased in the year-2009. It is also not in dispute that on the basis of the report given by the deceased, a case in Cr.No.63 of 2014 of Pamarru Police Station was registered against the accused under Section 498-A IPC. It is also not in dispute that the accused was arrested in the said crime. It is also not in dispute that the accused filed O.P.No.66 of 2014 on the file of the Court of Senior Civil Judge, Ramachandrapuram seeking restitution of conjugal rites. 12. Coming to the actual attack on the deceased, Pw-1, who is none other than the younger brother of the deceased, has categorically stated that on the fateful day at about 1.30 P.M, he took the deceased to Ravi Infotech centre and dropped her as usual. He went to Stalin hospital and purchased some medicines and returned back to the computer centre. At that juncture, he found the accused hacking the deceased with M.O-3-knife. When he tried to intervene, the accused pushed him aside and ran away along with knife. Though the defence cross-examined Pw-1, nothing adverse has been elicited from his evidence. Apart from the evidence of Pw-1, there is evidence of independent witness i.e., Pw-2, who is working as faculty in the said computer centre. His evidence disclosed that on 17.11.2014 at about 1.30 P.M, the deceased attended for classes in the computer centre. His evidence further disclosed that at the same time, the accused also attended for computer classes in the said computer centre. Suddenly, the accused took out a knife and hacked the deceased on her neck, thereby causing her instantaneous death. As already pointed out, Pw-2 is working as a faculty in the said computer centre owned by Pw-8. Though this witness was also cross examined by the defence, nothing has been elicited in favour of the defence. The evidence of Pws-3, 4 and 6 discloses the “motive” on the part of the accused to kill the deceased. All these three witnesses have specifically stated that the accused used to harass and ill-treat the deceased, demanding additional dowry and also suspected her fidelity. As already pointed out, Pw-3, who is none other than the mother of the deceased and Pws-4 and 6 are relatives of the deceased. All these three witnesses have specifically stated that the accused used to harass and ill-treat the deceased, demanding additional dowry and also suspected her fidelity. As already pointed out, Pw-3, who is none other than the mother of the deceased and Pws-4 and 6 are relatives of the deceased. The prosecution also adduced the evidence of Pw-5, who is a practicing advocate, who is defending the deceased in O.P.No.66 of 2014. Pw-5 in his evidence has categorically stated that on 16.11.2014, the accused telephoned to him and threatened him with dire consequences. Pw-5 has also furnished his mobile number as well as mobile number of the accused. As such, the prosecution is able to prove the motive as well as the actual attack on the part of the accused. 13. The ocular version spoken to by the prosecution witnesses has also lent support from the medical evidence, adduced by the prosecution through Pw-11. In the Post-Mortem report-Ex.P-9, the doctor found the following injuries on the person of the deceased. External injuries:- 1. A chopped wound of size 14*5*4 cms. extending from posterior aspect of right ear externally upto right nasal alae cutting the external pinna bone deep. 2. A chopped wound of size 10*6.5*6.5 cms. present at middle of cervical region of neck exposing the cervical spinal card, major blood vessels, nerves etc. 14. It is also elicited in the evidence of Pw-11 that the injuries on the deceased were possible by the weapon like M.O-3. Of course, M.O-3 was recovered from the bushes situated at Junior College, Ramachandrapuram, which is a place accessible to one and all. But, the evidence of Pws-1 to 6 clinchingly establish that it is the accused, who attacked the deceased in broad daylight in the computer centre, where number of persons present. 15. In view of the above facts and circumstances, in the considered opinion of this Court, there are no illegalities or irregularities in the judgment, which is impugned in this Criminal Appeal. 16. On the above analysis 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 reasonable doubt. Therefore, the conviction and sentence recorded by the trial court needs no interference. Hence, there are no merits in the present Criminal Appeal and the same is liable to be dismissed. 17. Therefore, the conviction and sentence recorded by the trial court needs no interference. Hence, there are no merits in the present Criminal Appeal and the same is liable to be dismissed. 17. In the result, the present Criminal Appeal is dismissed by confirming the conviction and sentence imposed by the learned I Additional Sessions Judge, Rajahmundry, in Sessions Case No.328 of 2015, dated 03.05.2016. Needless to state that the period already undergone by the appellant/Accused shall be given set off under Section 428 of Cr.P.C. Consequently, miscellaneous petitions, if any, pending shall stand closed.