NARSU BAI Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No. 774 of 1991 has been filed by the State through the learned Public Prosecutor being aggrieved by the order of acquittal of A-2, recorded by the learned Assistant Sessions Judge, Gadwal of Mahaboobnagar District in SC No. 71 of 1989 on his file. In the very same case, A-1 was convicted for an offence punishable under section 304-B of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for 7 years. Being aggrieved by the said conviction and sentence recorded against A-1, A-1 filed Criminal Appeal No. 4 of 1990 on the file of the Sessions Judge, Mahaboobnagar.

(2.) On filing of the appeal against the order of acquittal by the State in this court, the appeal, viz., Crl.A. No. 4 of 1990 filed by A-1 in the court of the Sessions Judge, Mahaboobnager, was got transferred to this court for being heard along with Criminal Appeal No. 774 of 1991. After transfer of Crl.A. No. 4 of 1990 to this court, it was renumbered as Tr. Criminal appeal no. 863 of 1992. Thus, both the appeals, viz., Criminal Appeal No. 774 of 1991 and Tr. Criminal Appeal no. 863 of 1992, arise out of one and the same Sessions Case, and so they are being disposed of by a common judgment.

(3.) Accused No. 1 and Accused No. 2, who are brother and sister, were prosecuted for an offence punishable under section 304-B of the Indian Penal Code read with section 34 of the Indian Penal Code, alleging that on 1/08/1988, Monday, at about 11-00 a.m., A-1 quarrelled with his wife Lata bai (who will hereinafter be referred to as 'the deceased') and both the accused harassed and illtreated her for not getting the dowry and then strangled her to death in their house.