LAWS(APH)-2011-8-14

ALETI BIXAPATHI Vs. STATE OF AP

Decided On August 10, 2011
ALETI BIXAPATHI Appellant
V/S
STATE OF ANDHRA PRADESH REP BY ITS PP HYD Respondents

JUDGEMENT

(1.) THIS Criminal Appeal is preferred under Section 374(2) Cr.P.C. to set aside conviction and sentence imposed in Sessions Case No.1 of 2007 dated 30.10.2007 on the file of the Court of Principal Sessions Judge, Nalgonda against the appellantaccused (for short the accused).

(2.) THE accused was tried for offences punishable under Sections 498-A, 302 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 and was found guilty of committing the offence punishable under Section 302 IPC and was accordingly convicted under Section 235(2) Cr.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/- and in default of payment of the fine amount, to undergo simple imprisonment for six months thereunder and found the accused not guilty of committing the offence punishable under Section 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act and accordingly acquitted him of those offences, whereas by virtue of the conviction and sentence imposed against him for the offence punishable under Section 302 IPC, the present appeal is preferred.

(3.) FOR the prosecution, the defacto-complainant and 14 others were examined as P.Ws.1 to 15 and marked Exs.P1 to P7 and M.Os.1 to 3. FOR the defence, none was examined and no documents were marked, whereas basing upon the material available, the trial Court imposed the conviction and sentence referred earlier.