STATE OF A.P Vs. THAMBISETTY RAMPRASAD

JUDGEMENT

(1.) Heard Sri C.P.Somayaji, learned Additional Public Prosecutor representing the appellant/State.

(2.) The appeal is preferred U/s.378 of the Code of Criminal Procedure, 1973 by the State/complainant in the case, challenging the judgment dtd. 1/4/2005 in S.C.No.27/2003 on the file of Assistant Sessions Judge, Nellore District at Gudur. The learned Assistant Sessions Judge found the respondents/A-1 and A-2 not guilty for the offence U/secs.498-A and 306 IPC, and accordingly, acquitted them.

(3.) The case of the prosecution is that A-1 and Smt.T.Shankaramma (hereinafter referred to as deceased) fell in love 7 or 8 years ago. A-2 i.e., other of A-1 did not agree for the marriage of A-1 and the deceased. However, the elders convinced her to agree for the marriage. Therefore, their marriage was solemnized with the consent of both families. The deceased joined A-1. They lead conjugal life for six months. During that period, A-1 and A-2 subjected her to cruelty. Therefore, the deceased left the house of accused and returned to her parents house. P.Ws-1 and 2 are the parents of the deceased. The deceased lived in her parents house for seven years. The deceased and A-1 lead conjugal life at that time in the house of P.W-1. Three children were born out of their wedlock during that time. A-1 subjected her to cruelty and beating her. The parents of deceased asked A-1 and deceased to live separately. Therefore, A-1 and deceased went to the house of A-2. But A-2 did not permit A-1 to reside with A-2. Hence, A-1 started living with the deceased in a separate house in the village.