SHAIK RAFI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused in S.C.No.37 of 2007 on the file of the Special Judge for Trial of offences under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act 1989- cum-V Additional District & Sessions Judge, Nellore was tried for the offence of committing murder of Smt.Shaik Rahamthubi in the morning of 21.07.2006 at Atmakur. Through its judgment, dated 28.01.2010, the trial Court convicted him of the said offence and imposed the punishment of imprisonment for life and fine of Rs.1,000/-, in default to undergo simple imprisonment for one month.

(2.) The deceased is said to have been married to one Sri Khader Basha and the couple had two children out of their wedlock. However, she is said to have deserted her husband as well as children and started living at Atmakur, Nellore District and was working as Nurse, in B.S.R. Hospital at that place. The accused is an unmarried person. Illicit relationship is said to have developed between the accused and the deceased. The deceased is said to have joined the accused as a tenant in the premises. It is also stated that the accused borrowed some amount from the deceased with a promise to repay it by doing work in Kuwait. About two years prior to the incident, the accused is said to have gone to Kuwait and during that period, his sisters are said to have evicted the deceased and she started living in another premises. In the first week of January 2006, the accused is said to have returned from Kuwait and thereupon, the deceased started demanding repayment of the amount borrowed from her. The accused is said to have tried number of times to take the deceased to his house, but the latter declined.

(3.) On 21.07.2006, the deceased is said to have left her house to join the duty in the hospital and on the way, she stopped at the Tea Stall. The accused is said to have come there and took her to his house, though she was reluctant. It was also alleged that when the accused was forcing the deceased to enter the house, she came out and started leaving the place. At that stage, the accused is said to have taken a plastic tin kept in Varandah and poured the acid in the tin upon the deceased. She is said to have gone to the same hospital where she was working.