PUBLIC PROSECUTOR Vs. UDDALA RATHAIAH

JUDGEMENT

(1.) The State preferred the appeal assailing the judgment of the learned II Addl. District Judge, Nellore in S.C.No.90 of 1995, dated:6.7.2001.

(2.) The accused was tried by the learned Sessions Judge for the offences punishable under Sections 376, 302 and 201 IPC. However, he was not found guilty of the offence and accordingly he was acquitted by the judgment referred to above. The said judgment is called in question by the State in the present appeal.

(3.) The case of the prosecution was that accused had discarded his wife about 6 months prior to the date of the incident. The deceased was about 16 Years of age and the accused was moving and following the deceased with an intention to satisfy his lust. Both the accused and deceased were the residents of Chavata Bheemavaram Village. On 5.5.1994 about 3.30 p.m. the deceased went to fetch grass in the land situated on the western side of the village. The accused who was watching the movements alleged to have stopped the deceased at Donkadari at the well of Gollapalli Nagesh and after committing rape and thereafter pushed her into the well. Consequently the deceased died due to drowning and consequent Asphexia, P.W.3 and P.W.4 alleged to have seen the accused pushing the deceased in the well. P.W.4 when confronted the accused, he gave evasive reply. When he went near the well he saw the dated body of the deceased and thereafter he went to the village and informed his relations. He also informed the Village Administrative Officer (P.W.6) who along with others visited the scene of offence along with others. Next day he reported the matter to the police. Investigation was undertaken by the police and finally charge sheet was filed against the accused.