NIMMARABOINA KANAKAIALI Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Appeal is preferred against the judgment dated 28.10.2010 delivered in S.C.No. 255 of 2010 by II Additional Sessions Judge, Suryapet, Nalgonda District whereby the appellant - accused was found guilty of the offence punishable under Sec. 302 Penal Code and accordingly convicted and sentenced to undergo imprisonment for life and to pay fine of Rs.5000.00. in default, to undergo Simple Imprisonment for three months.

(2.) The brief case of the prosecution is that the appellant is son-in-law of the deceased - Pittala Mangamma. After the death of the appellant's wife - Neelamma, he wanted to contract a second marriage. Whenever the appellant beat his children and abuse them in a drunken state, his mother-in-law vehemently opposed and warned him. While so, on 04.12.2009, when the appellant was beating his children, his mother-in-law intervened, as such, the appellant, bearing grudge against bis mother-in-law, beat her with pestle and caused injuries on her head and other parts due to which she succumbed to injuries. The younger son of the deceased lodged a complaint against the appellant. Based on the complaint. F.I.R. was registered against the appellant as a case in Cr.No. 110 of 2009 for the offence punishable under Sec. 302 IPC. After completion of investigation, the police filed charge sheet.

(3.) The trial Court framed the following charge against the appellant: