STATE OF ANDHRA PRADESH Vs. KALLA LINGASWAMY

JUDGEMENT

(1.) The State of Andhra Pradesh preferred this Appeal against the Order of acquittal, dtd. 27/1/2012, passed by the I Additional Sessions Judge, Kurnool, wherein the sole Accused who was tried for the offence punishable under Sec. 302 of Indian Penal Code, 1860 [for short, 'I.P.C."], was acquitted of the said charge. As all the material witnesses have turned hostile, we deem it appropriate to refer to the allegations in the charge-sheet.

(2.) Boya Meenuga Adilaxmamma ("deceased") married one Raghu Ramudu of Sivapuram Village, Kothapalli Mandal, about 12 years prior to the incident. Nine years prior, the husband of the deceased died. Since then, she along with her children were staying at Indireswaram Village. It is said that, since three years, the accused, who was residing near their house, developed intimacy and started frequently visiting the house and staying with her, though he is having wife and children. It is said that suspecting her fidelity, the accused was harassing and beating the deceased. The deceased was working as "Aaya" in Anganwadi Centre, and also cultivating Ac.0.50 cents ( 1/2 acre) of her paddy field.

(3.) On 19/8/2010, the accused went to his filed and also informed the deceased to go to her field. Looking after the work at the field, the deceased returned to her house, by which time the accused was already present in the house. He is said to have questioned the deceased for the delay and also suspected her fidelity. A quarrel ensued with her in this regard.