NUNE KOTESWARA RAO Vs. STATE OF A P

JUDGEMENT

(1.) THIS is an appeal from the judgment, dated 13. 05. 2003 passed by the II additional Sessions Judge (Fast Track Court), Ongole in S. C. No. 477 of 1996 whereby and whereunder the sole appellant was convicted for the offence punishable under Section 304-I IPC and sentenced to undergo rigorous imprisonment for a period of seven years and also to pay a fine of Rs. 1,000/ -.

(2.) ORIGINALLY the appellant was tried for the charge under Section 302 IPC and at the conclusion of the trial, he was found guilty for the offence under section 304-I IPC and was sentenced to punishment as mentioned above. Challenging the said order of conviction and sentence, the appellant preferred this appeal.

(3.) SHORTLY stated, the facts leading to filing of the appeal, according to the prosecution are as follows: the deceased (Nune Ramanamma) is the wife of the appellant (Nune Koteswara rao ). The appellant had first wife and also two children through her. He married the deceased as second wife and subsequent to the said marriage, his first wife expired. The deceased was also earlier married to another person and was separated from him due to some disputes and later married the appellant. The deceased also kept a mistress at Chilakaluripeta, he was habituated to vices and was not looking after the deceased and her children. He sold away the property and spent the entire amount for performing the marriage of the daughter through his first wife and also for the welfare of his son through his first wife. The deceased became sick and was suffering from disease of uterus as well as ulcer in the stomach. The appellant did not provide her any medical treatment. The parents of the deceased admitted her in a private nursing home whereat hysterectomy operation and the operation relating to ulcer were conducted and the entire amount was spent by the parents of the deceased.