VEDDE JARIPATI MALLIKARJUNA Vs. STATE OF A.P.

JUDGEMENT

(1.) THIS appeal is filed assailing the judgment, dated 03.03.2009, passed by the Court of IV Additional Sessions Judge, (Fast Track Court), Anantapur, in S.C.No.478 of 2006. The sole accused was tried for the offences punishable under Sections 498 -A and 302 I.P.C. The trial Court convicted the accused for the offence punishable under Section 302 I.P.C. and imposed punishment of imprisonment for life in addition to fine of Rs.500/ -. The accused was acquitted of the offence punishable under Section 498 -A I.P.C.

(2.) THE case of the prosecution as presented before the trial Court was that the accused was married to the deceased in the year 1999 and out of their wedlock, a male and a female children were born. It was alleged that the accused had illicit intimacy with one Mahadevi of Ballari and in his attempt to bring that woman also to his home, he was insisting that the deceased must not raise any objection. It was stated that the accused has indiscriminately beaten the deceased on several occasions, by consuming alcohol.

(3.) BASED upon the information received by them, the police registered Crime No.7 of 2006, alleging the offence under Section 498 -A I.P.C., against the accused. The deceased succumbed to injuries at 7.45 P.M., on the same day. Thereupon, the provision of law was changed, in the F.I.R.