On the following morning at about 7 A. M. the deceased and her mother went to fetch fresh water from a tank near a temple close by.
The statement is Ext.
First Information Report was lodged at the Police Station by P.W. 1 at 7.30 A. M. within half an hour of the occurrence which was witnessed by P.W. 2 also.
After going for some distance, he fell down near the house of one Gopalarao.
Not being sure whether the appellant would survive, a memo was sent to the local Magistrate to record the dying declaration of the appellant.
Veeramma fell down and died instantaneously.
The deceased was aged about 22 years at the time of the occurrence which took place on the 29th May, 1969, at about 7 Oclock in the morning.
Though the deceased was a married woman, she had left her husband and was living as the mistress of the appellant in a hut provided to her by him.
He later developed an intimacy with a Nala woman which was resented by the deceased.
All the material particulars of the prosecution story were given in the F.I.R. The appellant for treatment of his injuries was eventually sent to the hospital at Eluru where P.W. 13 the Medical Officer examined his two injuries.
The defence of the appellant throughout starting from his statement in P 9 has been that it was the deceased girl who stabbed him first and thereafter it was number known to him how she got the stab injury.
The judgment of acquittal passed by the trial Judge was number only wrong but perverse.
P.W. 2 Mamidala Annapurna who also lived close by was at the tank for cleaning her vessels.
The High Court has rightly companyvicted the appellant.
Though he got married, still he companytinued his illicit companynections with the deceased girl.
The appellant was then 23 years of age.
It was recorded by the Additional Munsif of Eluru at 12.40 numbern.
The appellant seems to be a man of sexually loose morals.
About a week before the occurrence the deceased left the residence of the appellant and went back to her parents.
The companyroborative pieces of evidence companying, from the testimony of P.Ws 3, 7 and 8 also lost their importance in the trial Court.
1 and 2.
Learned Sessions Judge who tried the appellant did number believe the evidence of the two eye witnesses P.Ws.
The suggestion seems to be that she companymitted suicide by giving a dagger blow on the left side of her chest.
The appellant pounced upon the deceased after lumping over the companypound wall of the temple, pulled a dagger from the sheath tied t6 his waist and gave a blow on the chest of the deceased.
In the evening of the day prior to the occurrence the appellant went to the house of P.W. 1 Palivala Maremma mother of the deceased and told her deceased that she should number remain in the village when she had left residing with him and threatened her that if she companytinued to remain in the village, he would stab her.
Thereafter the appellant stabbed himself twice in the chest with the same dagger and rushed towards the road with the dagger in his hand.
