KALVACHERIA PRABHAKAR Vs. STATE OF A.P.

JUDGEMENT

(1.) Accused No.1 in S.C. No.350 of 2007 on the file of the Principal Sessions Judge, Warangal, filed this appeal assailing the conviction and sentence ordered against him.

(2.) Together with A-1, his brother A-2 and his sister A-3 were tried for the offences punishable under Sections 498-A and 302 IPC alleging that they have killed one Bandi Renuka on 16.12.2005. Through its judgment dated 15.09.2009, the trial Court acquitted all the accused, of the offence punishable under Section 498-A IPC. It has also acquitted A-2 and A-3 of the offence punishable under Section 302 IPC. A-1 alone was convicted for the offence of committing murder and sentenced him to undergo imprisonment for life. Fine of Rs.20,000/- was imposed and in default, he was directed to undergo simple imprisonment for three and half years.

(3.) The case, as presented by the prosecution was that the deceased was married about 23 years ago to one Mr. B. Krishna of Shivanagar area of Warangal, and that the appellant was his neighbour. Out of that wedlock, the couple had two sons and a daughter. Krishna is said to have suspected the fidelity of Renuka and has divorced her about 15 years ago. Thereafter, the appellant and Renuka were said to have jointly purchased a house at Rangashaipet and lived there with the children of Renuka. About one year prior to the incident, Renuka is said to have insisted that marriage of her daughter be performed by selling the house and a quarrel ensued when the accused did not agree for that proposal. Eversince then, she is said to have been living with her children in a rented house owned by PWs.2 and 3, in the Kashibugga area.