B GOPALA KRISHNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In Sessions Case No.70 of 2005 on the file of District & Sessions Judge, Vizianagaram, the sole accused was tried for the offence of committing the murder of his wife, B.Manjuladevi on the intervening night of 12/13.09.2004.

(2.) The trial Court convicted the sole accused for the offence punishable under Sec. 304-II I.P.C. and sentenced him to undergo rigorous imprisonment for six years. Fine of Rs.5,000.00 was also imposed, and in default of payment thereof, the accused was required to undergo simple imprisonment for three months. He was also convicted for the offence under Sec. 309 I.P.C. and was sentenced to undergo rigorous imprisonment for one year.

(3.) While the accused filed Criminal Appeal No.454 of 2007 challenging the conviction and sentence ordered against him, the State filed Criminal Appeal No.1023 of 2009 seeking conviction of the accused under Sec. 302 I.P.C. and for imposition of punishment therefor.