LAWS(APH)-2004-9-9

DAVU VENKATESWARA RAO Vs. STATE OF A P

Decided On September 13, 2004
DAVU VENKATESWARA RAO Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Heard Sri B. Sree Rama Krishna, Counsel representing the appellant-accused by way of Legal Aid and Sri Mohd. Osman Shaheed, Additional Public Prosecutor.

(2.) The accused in Sessions Case No. 54 of 2003 on the file of the Sessions Judge, Mahila Court, Vijayawada, had preferred the present criminal appeal.

(3.) Sri B. Sree Rama Krishna, the learned Counsel representing the appellant-accused would submit that this is a controversy between the mother-in-law and son-in-law, and the whole intention of the son-in-law was to have re-union with his wife, and at any stretch of imagination, it cannot be said that the accused had an intention to do away with the life of the mother-in-law, and hence, the conviction and sentence imposed cannot be sustained. The learned Counsel had taken this Court through the evidence of P.Ws 1,2 and also the medical evidence and would submit that the evidence is not clear, whether the acid which had been used is of such a dangerous nature, so as to attract the ingredients under Section 307 IPC, or so as to establish the intention of the accused, and hence, the accused is entitled for an acquittal.