R. APPA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) APPELLANT /A1, who faced the trial along with A2, in Sessions Case No.10 of 2005, dated 22.01.2007 on the file of IV Additional District & Sessions Judge, Visakhapatnam, was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000.00, in default to undergo simple imprisonment for two months for the offence punishable under Section 302 IPC and further sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1,000.00 in default to undergo simple imprisonment for two months for the offence punishable under Section 498-A IPC, while A2 was acquitted of the charge framed against him, filed this Criminal Appeal questioning the conviction and sentence recorded against him.

(2.) THE substance of the charges framed against A1 is that on 09.03.2004 at about 5 p.m., in the fields of Nyayampudi village he committed the murder of his wife Rangala Govindamma by squeezing her neck with the help of his concubine A2 Paneeru Kotamma @ Rangala Lakshmi and thereby committed an offence punishable under Section 302 IPC; and that A1 being the husband of one Rangala Govindamma for the past about two years prior to the date of offence i.e., on 09.03.2004 at G.Bheemavaram and Nakkapalli respectively, had been subjecting her to cruelty both mentally and physically by beating her by developing illicit intimacy with one Paneru Kotamma @ Rangala Lakshmi and thereafter committed murder of the said Govindamma and thereby committed an offence punishable under Section 498-A IPC.

(3.) ON committal, the learned Sessions Judge, framed charges under Sections 302 and 498-A IPC against A1 and Section 302 r/w 34 IPC against A2 and when the same were read over to them, they denied the said charges and claimed to be tried.