BATTULA KONDALU Vs. STATE OF A P

JUDGEMENT

(1.) The appellant seeks to assail his conviction and sentence passed by the learned Additional Assistant Sessions Judge, Narasaraopet, convicting him under Sections 376 and 306 of the Indian Penal Code (for brevity 'the IPC') and sentencing him to suffer rigorous imprisonment for 10 years under Section 376 of the IPC and rigorous imprisonment for 5 years under Section 306 of the IPC besides sentencing him to pay a fine of Rs.5,000/- and in default to suffer simple imprisonment for 1 year on the first count while directing both the sentences to run concurrently, by his judgment dated 26.6.2000 in Sessions Case No.410 of 1998.

(2.) The appellant stood charged along with three others under Sections 376 and 306 read with 113 of the IPC insofar as the other accused are concerned. The gravamen of the charge against the appellant was that on 11.6.1997 at about 6.30 p.m. to 7.00 p.m. at Arepalli Village he committed rape on the deceased Battula Uma Devi with the assistance of A.2 to A.4, on account of which the said Uma Devi committed suicide by consuming poison and thereby committed the said offences.

(3.) All the accused abjured the guilt and denied of having committed the offence alleged when charges were read over and explained to them. In proof of the above charges, the prosecution examined as many as 12 witnesses and got Exs.P. 1 to P.20 and M.Os.l to 6 marked. None was examined on the side of the accused but Exs.D.l to D.3 contradictions were marked in the evidence of P.Ws.3 and 6.