LAWS(APH)-2001-12-61

GORIPARTHI BABU RAO Vs. STATE

Decided On December 19, 2001
GORIPARTHI BABU RAO Appellant
V/S
STATE REP. BY PUBLIC PROSECUTOR., HIGH COURT OF A.P. HYDERABAD Respondents

JUDGEMENT

(1.) These two appeals are being disposed of by the same judgment because both the appeals have been filed on behalf of the same accused against the same judgment Criminal Appeal No. 1790 of 2000 was filed by the accused through jail with the help of Legal Services Authority. Criminal Appeal No.1798 of 2000 was filed on behalf of the accused by his father through advocate Mr. A. Ramnarayana.

(2.) The accused-appellant was tried in Sessions Case No.313 of 1997 on the file of the Court of Sessions Judge, Krishna Division at Machilipatnam. He was charged for the offence punishable under Section 302 of the Indian Penal Code. He was also charged for the offence punishable under Sections 498-A and 201 of the Indian Penal Code. He pleaded not guilty and claimed to be tried. He was tried, convicted for the offence punishable under Section 498-A of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for two years. He was also convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo Imprisonment for life and also to pay a fine of Rs. 100/- in default to suffer simple imprisonment for a period of one month. The accused was, however, acquitted for the offence punishable under Section 201 of the Indian Penal Code.

(3.) The prosecution examined 12 witnesses, exhibited 22 documents. The defence did not produce any evidence but pointed out certain contradictions, which were marked as Exs.D-1 to D-3.