S ANWAR BASHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused in Sessions Case No.380 of 1993 on the file of the Sessions Judge, Chittoor District is the appellant herein. He was found guilty of committing an offence under Section 302 of IPC and has been sentenced to suffer imprisonment for life by the said Court by its judgment dated 18-4-1995.

(2.) This Criminal Appeal had fallen for consideration on an earlier occasion before a Division Bench of this Court. The Division Bench by its judgment dated 14-11-1995 set aside the conviction and sentence imposed on the appellant-accused by the Sessions Judge, Chittoor District and allowed the Criminal Appeal by acquitting the appellant-accused. On an appeal by the State before the Supreme Court against the order of acquittal passed by the Division Bench of this Court dated 14-11-1995, the Supreme Court in Criminal Appeal No.693 of 1997 (arising out of SLP (Crl.) No.686 of 1997) set aside the order of acquittal passed by the Division Bench of this Court dated 14-11-1995 and remitted the matter to this Court for fresh disposal in accordance with law, by an order dated 4-8-1997 and thus this Criminal Appeal has come up for consideration before us for fresh disposal.

(3.) The accused was charged that on 31-1-1993 in the mid-night, in his house at Mangalampet village, committed the murder of his wife Arifunnissa by beating and putting pressure on her neck by smothering until her death.