Golla Yelugu Govindu v. State of Andhra Pradesh
In Golla Yelugu Govindu v. State of Andhra Pradesh, a fourteen-year marriage ended after the husband became addicted to vices, assaulted his wife, and demanded money from her parents. During a quarrel, in the presence of their children, he killed her by striking her back and neck with a sickle. The trial court convicted him of murder under Section 302 of the Indian Penal Code and sentenced him to life imprisonment. On appeal, he argued that his children were too young to be competent witnesses and that the killing occurred in the sudden heat of passion, warranting application of the “sudden fight” exception. The Court held that the Indian Evidence Act imposes no minimum age for witness competency, and children may testify if they can understand and answer questions rationally. It found the children’s testimony corroborated and reliable, and concluded that the sudden fight exception did not apply because the act was premeditated, involved undue advantage, and was excessively violent. The conviction and life sentence were upheld, and the request for a reduced sentence to ten years was denied.
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Year
- 2008
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Type
Jurisdiction