KOKKILIGADDA VEERASWAMY Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Revision Case filed under Sections 397 and 401 Cr.P.C. is directed against the judgment, dated 30-11-2001 in Crl.A.No. 4 of 1999 on the file of I Addl. District and Sessions Judge, Machilipatnam, who confirmed the conviction and sentence passed against the accused in the judgment, dated 30-12-1988 in S.C.No. 3 of 1998 on the file of the Asst. Sessions Judgment, Machilipatnam. The trial court convicted the accused for the offence under Section 376 IPC and sentenced to undergo Rigorous Imprisonment for a period of 7 years and to pay a fine of Rs. 10,000/- in default to suffer Simple Imprisonment for a period of one year and also convicted the accused for the offence under Section 306 IPC and sentenced to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs. 1000/- in default to suffer Simple Imprisonment for a period of 6 months.

(2.) The brief facts that are necessary for the purpose of disposal of this revision case may be stated as follows: It is the case of the prosecution that on 1-7-1997 at about 10.00 p.m., the accused, who is closely related to the deceased Gadi Annapurna came and requested her to serve him food. When she was about to serve food, the accused forcibly closed her mouth by putting clothes and committed rape on her and threatened her that she would be insulted if she disclosed the same to anyone. On the next day at 5.00 p.m., the deceased having felt ashamed of the incident, poured diesel oil on her and set fire to herself. Meanwhile, her husband Gadi Dhanunjayarao came to the house and took her to hospital for treatment. While undergoing treatment, she died on 6-7-1997. After the deceased was admitted into hospital, the Sub-Inspector of Police, Bandar received Ex.P-11 intimation, proceeded to the hospital and recorded Ex.P-14 statement. He returned to the police station and registered a case under Section 376 IPC and informed the Inspector of Police about the registration of the case. Again he went to the hospital and recorded the statement of the deceased and her husband, Gadi Dhanunjayarao. Thereafter, he prepared observation report and seized material objects. On 2-7-1997, at about 9.55 a.m., P.W. 11 III Addl. Judicial Magistrate of I Class, Machilipatnam received requisition from the duty Medical Officer with a request to record the statement of the deceased and the learned Magistrate proceeded to the Government hospital and recorded Ex.P-17 statement from the deceased. P.W.7 is the Doctor, who examined the deceased Annapurna and after receipt of F.S.L. report, she gave her opinion stating that there are no signs of rape on the deceased. After completion of investigation, the police filed charge sheet.

(3.) To substantiate its case, the prosecution examined P.Ws. 1 to 14 and got marked Exs.P-1 to P-25 besides marking case properties M.Os. 1 to 9.