LAWS(APH)-1974-8-9

PUBLIC PROSECUTOR Vs. APPALANENI HARIBABU

Decided On August 13, 1974
PUBLIC PROSECUTOR Appellant
V/S
APPALANENI HARIBABU Respondents

JUDGEMENT

(1.) The sole accused in Sessions Case No. 16 of 1972 was tried for the offences punishable under sections 302 and 404 of the Indian Penal Code, and was acquitted of both the charges by the Sessions Judge, Ongole.

(2.) The procecution case was that in the evening hours of 13th November, 1971, the accused visited his father-in-law's house at Chilukur 'varipalem, to see his wife, Sumathi, stayed for the night there and, on the next day, after killing his wife between 12-00 and 3.00 P.M. left the place.

(3.) The accused denied having visited his father-in-law's house on 13th or stayed there on the night of 13th or during the day time on 14th November, 1971, or killed his wife. It was his case that some jewels were presented by his father to the deceased at the time of her marriage and, in the absence of her parents from the house, some one had committed theft of the jewels and killed his wife; that, his father-in-law, at the time of the marriage, had promised to give 2 acres of land to the accused and when he failed to keep up his promise and to excecute a document there was an altercation between his father and father-in-law and, apprehending that after the death of the deceased, the accused would ask for the return of the jewellery, his parents in-law foisted a false case upon him.