YENNIBARLA BALA KOTESWARA RAO Vs. P.P., HYD.

JUDGEMENT

(1.) The sole accused in Sessions Case No.416 of 2012 on the file of XI Additional District and Sessions Judge, Krishna, Gudivada, is the appellant herein. He was tried for the offences punishable under Sections 449 and 302 of the Indian Penal Code, 1860. By its Judgment dated 02.06.2014, the learned Sessions Judge, while acquitting the accused for the offence punishable under Section 449 IPC, convicted and sentenced the accused to suffer imprisonment for life and to pay fine of Rs.1000/- for the offence punishable under Section 302 IPC, in default to suffer simple imprisonment for a period of three months. The remand period was directed to be given set off under Section 428 Cr.P.C.

(2.) The substance of the charges against the accused is that, on the intervening night of 7/8.10.2009, at about 1.30A.M. the accused entered into the rented house of the deceased Sulochana situated at D.No.2/13 at Kalakarula colony, Billapadu village and while the deceased was sleeping, the accused is said to have beat her with a blunt portion of the axe on the right side forehead and temporal region.

(3.) The facts as culled out from the evidence of the prosecution witnesses are as under: