Thereafter, he bolted the door from outside and remained in another room.
The two sons also accompanied.
Then, the accused brought a hired jeep and took the dead body to the village Garla where their paternal grandparents were living.
As the place of occurrence was within the limits of Garla police station, he transferred the case file to Garla police station with a companyering letter Ext.
Thereafter, the accused cut the rope and brought the body of Chilakamma outside and she was carried to the Government hospital at Garla by the accused and others.
At his instance, the two pieces of ropes M.Os.
He reserved the opinion as to cause of death.
The High Court as well as the Sessions Court, mainly relied on the evidence of two child witnesses PWs 2 16 who were aged six years and ten years respectively on the date of the incident.
The accused sent a message through PW8 to the parents of the deceased in the morning hours of 5.3.1993 that the deceased was hospitalized.
When she protested, he dragged her to the middle room of the house where the two children PWs 2 16 were lying on the bed and tied a rope around her neck and placed the rope on the beam about 9 feet above the floor level and hanged her till death.
On 15.3.1993, he filed a requisition before the J.F.C.M., Kothagudem to record the statements of the two sons of the deceased.
During the inquest, PW21 examined the father of the deceased the informant, his wife and PW1.
The Doctor at the hospital declared that she was dead.
He companylected the viscera from the dead body for examination by experts.
On internal examination, he found the hyoid bone fractured.
He deposed that the ligature marks were ante mortem in nature and that it was number possible to say whether ligature, marks were attributable to suicide or homicide.
The accused, who belonged to Wyra village in Khammam District of Andhra Pradesh, moved to Garla village with his family for eking out his livelihood by digging the wells.
P11 that death was on account of asphyxia due to hanging.
On the next day, he examined PW8 and others.
The accused then placed a rope around her neck, threw the rope over the beam and pulled the rope so as to cause her death.
He claimed to have recorded the statements of PWs 2 16 on the same day.
Having seen the dead body and the injuries thereon, the father of PW1 lodged a report in the police station at Wyra at about 3.00 p.m. on 5.3.1993 in which he stated that he was suspecting his son in law the accused for causing the death of his daughter.
On receipt of report from the Department of Forensic Medicine and the Forensic Science Laboratory, PW18 gave the opinion as per Ext.
He clarified that the injuries other than the ligature marks cannot be self inflicted.
The upper part of chest wall, esophagus, trachea and both lungs were companygested.
It is the case of the prosecution that the accused used to companysume liquor and beat up his wife number and then suspecting her fidelity.
At the time they gave evidence in the Court, they were of the age of 13 years and 17 years respectively.
He sent the dead body to the Government hospital at Madira for postmortem.
Then the accused assaulted her with an iron rod this was stated only by PW16 and number by PW2 .
PW1 the brother of the deceased Chilakamma, with his parents and others went to Wyra.
On appeal, the High Court companyfirmed the companyviction and sentence and dismissed the appeal.
Thereafter, PW19 the Sub Inspector of Garla police station, reregistered the case and took up the investigation.
They were living on rent in a portion of the house belonging to PW4s husband who was a teacher.
From that stage onwards, the investigation was taken up by PW20 the Inspector of Police, Garla Bayyaram.
He examined the father of the deceased and the two children PWs 2 16 at Garla on 6.3.1993 at the house of the accused.
He found bleeding from numbere, multiple abrasions over front of right and left elbows and multiple scratches behind left upper arm and elbow.
After sometime, the children raised hue and cry to alert the neighbour.
He found a ligature mark around the neck over both sides of upper back portion of the neck.
On receipt of lab reports, he filed a charge sheet on 8.2.1994.
Both of them deposed that they went to watch T.V. in the adjacent portion of the house belonging to the owner and returned home by about 8.00 p.m. and slept in the middle room while their mother was awake waiting for their father.
Thereafter, their mother was taken to the hospital in a doli by their father accompanied by them and PWs 3 6.
After sometime, their maternal grandparents and relatives came knowing about the death of their mother.
At about 9.00 p.m. their father returned home in a drunken companydition and started abusing and talking ill of their mothers character.
Then PWs 3 4 came there and unbolted the door.
P17 which according to PW19 was received at about 8.00 p.m. on 5.3.1993.
The accused gave impression to others that she died companymitted suicide on account of fits.
Then she was dragged to the room where they were resting.
PW2 would say that his father threatened them and asked them to tell others that his mother died on account of fits perhaps meaning that she companymitted suicide in view of fits .
The FIR was prepared and the crime was registered by PW21 Head Constable who went to the spot and held the inquest over the dead body between 3.30 and 5.30 p.m. In the inquest report, it was numbered that the ligature marks were found around the throat of the deceased.
He claims to have reexamined PWs 2 16 apart from the informant, his wife and son PW1 , PWs 3 to 6 and three others on 6.3.1993 itself.
3 4 placed in a heap of husk within the house were recovered in the presence of panch witnesses.
They also went in the jeep with the dead body.
The accused took the dead body in a jeep to Wyra where the parents of the accused were residing.
She was pronounced dead by the doctor.
When they cried and tried to intervene, the accused threatened to harm them showing a sickle towards them.
The accused opened the door and when they went inside they found that Chilakamma was hanging to the beam with a rope tied to her neck.
Accordingly, they were recorded.
As the case of the prosecution mainly turns on the evidence of PWs 2 16, which was in fact the sole basis of the companyclusion reached by the High Court, we have to analyze the evidence of the two child witnesses with care and caution.
The accused was arrested on 26.3.1993.
PW2 further stated that his maternal grandparents enquired at about 7.00 or 8.00 p.m. on the next day i.e. 5.3.1993 and at that point of time they revealed the real reason for the cause of death of their mother.
It is alleged that PWs 3 4 living in the adjacent portion, after hearing the cries of PWs 2 16 that their mother was hanged to death, rushed to the other portion of the house.
PW18, the Civil Assistant Surgeon attached to Government Hospital, Madhira companyducted postmortem examination of the dead body of Chilakamma.
After some time, they raised hue and cry.
Then, by bolting the door from outside, he slept in the first room.
She was made to hang from the beam.
As the children started crying, he companymanded them to keep quiet showing a sickle against them.
PW20 visited the scene of offence on 7.3.1993 and prepared a rough sketch of the scene.
On the crucial day i.e. 4th March, 1993, it is alleged that the accused returned home by about 9.00 p.m. after companysuming toddy and abused the deceased casting aspersions on her character.
