STATE OF A.P. Vs. KALLEPALLI GIRI

JUDGEMENT

(1.) State preferred the present Criminal Appeal by invoking the provision under Section 378(3) & (1) of the Code of Criminal Procedure (in short 'Cr.P.C.') challenging the judgment dated 23.12.2004 rendered in Sessions Case No. 86 of 2003 by the IV Additional District & Sessions Judge, Visakhapatnam, whereby and whereunder the learned trial Judge acquitted the respondents-accused under Section 235(1) Cr.P.C. for an offence punishable under Section 306 of the Indian Penal Code (in short 'I.P.C.'). Case of the Prosecution, in a nutshell, is that the deceased is the husband of A. 2 herein. A. 1 is the paramour of A. 2. Aggrieved over the illicit intimacy of A. 2 with A. 1, the deceased committed suicide. In that connection, the deceased also wrote letters to A. 2 and investigation officers prior to his death. Further, the deceased also informed the same to his brothers also. Subsequently, on 27.08.2001 deceased committed suicide. Hence, the case.

(2.) Heard both sides and perused the record.

(3.) The learned trial Judge after appreciating the evidence adduced by all the witnesses acquitted the accused observing as follows: