DAYARAM AGARWAL Vs. LUICE PUSHPARAJ

JUDGEMENT

(1.) THIS is a revision against the order of acquittal passed by the learned V Additional Sessions Judge, Khammam at Kothagudem in S.C.No.136 of 2004. PW.1, who is the father of the deceased Luice Sadhya Rani, preferred the present revision. THIS is a case of uxoricide. As many as 18 witnesses were examined. In a well written judgment, the learned V Additional Sessions Judge held that the case was not made out against the sole accused and acquitted him of the solitary charge under Section 302 of the Indian Penal Code (IPC).

(2.) THE case of the prosecution is that the accused is a Christian arising from a Scheduled Caste. His wife, who is the deceased, belonged to Marvadi Community. THEy fell in love and got their marriage solemnized in 1993 against the wish of the parents of the deceased. THE accused and the deceased begot a son (PW.18) and a daughter in the wedlock.

(3.) THE point for consideration is whether the prosecution brought home the guilt of the accused beyond reasonable doubt.