BATHULA SWARANA KUMARI Vs. STATE OF A.P

JUDGEMENT

(1.) This criminal appeal impugns the judgment of the Principal Sessions Judge, Khammam in S.C. No.511 of 2007 dated 03.03.2008 by virtue of which, the said Court convicted the appellant for the offence punishable under Section 304 Part II of IPC and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 200/- and in default to undergo simple imprisonment for a period of one month.

(2.) The facts, in brief, are as follows:

(3.) The accused is the concubine of the deceased. She was married to a person hailing from Chitoor and had two children. The accused and her husband used to eke-out their livelihood by doing tailoring. The deceased was residing at Venkateswara Colony, Badrachalam and used to visit the house of accused to get his clothes stitched and as such developed acquaintance with the accused and thereafter, it turned into illicit intimacy between them. On perceiving the illicit intimacy of his wife, husband of the accused deserted the accused and he had been residing separately with his two children. The accused was being maintained as a concubine by the deceased and the welfare of the accused was being looked after by him. He used to visit her during nights and used to come drunk and leave the place in wee hours. They used to quarrel and beat each other often, and in the month of December, 2006, the deceased shifted his legally wedded wife and other family members to Shanthinagar and shifted the accused to Rajeevnagar Colony, Bhadrachalam. The wife of the deceased came to know about the relationship between the deceased and the accused and differences arose between them, due to which, the deceased restricted his movements and reduced his visits to the house of the accused and was also not attending on the family of the accused, as earlier. There used to be quarrels between the deceased and the accused.