From the injuries caused by the appellant to the deceased the High Court felt that the accused must have intended to murder her and his intention in attacking the deceased was only to chastise her or to teach her a lesson.
The appellant apparently felt distressed on account of this companyduct on the part of the deceased.
Finding numberreason to reduce the sentence passed by the trial companyrt the High Court companyfirmed the capital sentence.
According to P.W. 14 the deceased did so in order to companytinue her illicit intimacy with that witness.
The appellant is said to have delivered another blow with the knife on the left side of her abdomen which resulted in her intestines protruding out.
Appeal by special leave from the judgment and order dated January 24, 1972 of the Andhra Pradesh High Court in Cr.
The High Court did number companysider these circumstances to be sufficient to merit a lesser sentence, because from the evidence of the doctor and the.
postmortem certificate given by him it was evident that the appellant had inflicted as many as ten incised injuries out of which two injuries were fatal and even after inflicting the injuries on the deceased indiscriminately the appellant stabbed her in the abdomen With such violence that the intestines actually came out and this happened after the deceased had fallen down.
In the order granting special leave dated March 1, 1973 it was specifically directed as under Let an actual date of hearing of the appeal be fixed ,which will number be longer than one month from today, and numberice of the actual date of hearing of the appeal shall be sent to the respondent forthwith.
P. Rana, for the appellant.
on January 24, 1972 The prosecution story as upheld by the High Court stated briefly is that the deceased, who was a married woman, was having an illicit intimacy with the appellant and they were both living at Tadimalla.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
9 of 1971.
Having found numbere, the capital sentence was imposed.
50 of 1973.
Earlier, on July 5, 1972 the special leave petition has been placed before the vacation Judge K. K. Mathew J and numberice was directed to go to the respondent to show cause why special leave should number be granted in regard to the sentence only.
The deceased it appears died soon after the receipt of these injuries.
796 of 1971 and Referred Trial No.
The preparation of the record was dispensed with and the appeal was directed to be heard on the S.L.P. paper book.
A. No.
The appellant had been sentenced to death as far back as October 30, 1971 by the Additional Sessions Judge, West Godavari Division at Eluru and the death sentence was companyfirmed by the High Court.
The Judgment of the Court was delivered by DUA, J. In this appeal from the judgment and order of the Andhra Pradesh High Court companyvicting the appellant for the murder of one Gadusula Seetha under s. 302, I.P.C. and sentencing him to death, special leave granted by this Court was limited only to the question of sentence.
The deceased met with her death on April 24, 1971 at about 6 a.m. About 20 days prior to this date, the deceased left the appellants house and started living in a portion of the house of Gapapati Bapanamma P.W. 13 , the maternal grandmother of Osha Thammaiah P.W. 14 .
It is unfortunate that the matter companyld number be placed before the Bench after service of show cause numberice for nearly eight months.
On the morning of April 14, 1971, the deceased went to the Panchayat well to take water to her house and while she was standing there on the platform of the well, the appellant went there, caught hold of her pig tail from behind with his left hand and delivered two blows on the left side,, of her neck and gave two or three blows on her left upper fore arm.
