D GATTAIAH SATISH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Appeal is preferred under Section 374(2) of Criminal Procedure Code, 1973 (for short 'Cr.P.C') by the accused No.1 against the Judgment, dated 24.07.2015 in Sessions Case No.159 of 2014 on the file of the Court of the Principal Sessions Judge, Kurnool, where under the accused No.1 was found guilty for the offences punishable under Sections 302 and 498-A of the Indian Penal Code, 1860 (for short 'IPC') and convicted under Section 235(2) of Cr.P.C and sentenced to undergo imprisonment for life and pay a fine of Rs.500/- for the offence punishable under Section 302 of IPC, in default of payment of fine amount, shall suffer simple imprisonment for a period of one month and further sentenced to suffer rigorous imprisonment for a period of one year and pay a fine of Rs.1,000/- for the offence punishable under Section 498-A of IPC, in default of payment of fine amount, shall suffer Simple Imprisonment for a period of one month. The learned Sessions Judge ordered both the sentences to run concurrently. However, accused No.2 was found not guilty for the offence punishable under Section 498-A read with Section 109 of IPC and was acquitted under Section 235(1) of Cr.P.C. Accused No.1 assailed the conviction and sentence passed in Sessions Case No.159 of 2014 on the file of the Court of the Principal Sessions Judge, Kurnool on various grounds.

(2.) The facts of the case as per the evidence of the prosecution witnesses are as follows:

(3.) The case was taken on file for the offences punishable under Sections 498-A and 302 of IPC against both the accused by the learned Judicial Magistrate of I Class, Kurnool and registered the same as PRC No.50 of 2013. The learned Judicial Magistrate of 1 Class, Kurnool committed the case to the Sessions Division, Kurnool, as the offence punishable under Section 302 IPC is exclusively triable by Court of Sessions. The learned Principal Sessions Judge, Kurnool registered the same as Sessions Case No.159 of 2014 on the file of the Principal Sessions Judge, Kurnool.