SHAIK FAROOQ BASHA Vs. STATE OF A.P.

JUDGEMENT

(1.) Both these Criminal Appeals arise out of the judgment dated 07.01.2013 rendered by the III Additional Sessions Judge, Nandyal, Kurnool District, in Sessions Case No.245 of 2012, whereby the learned Additional Sessions Judge convicted accused No.1 for the offence punishable under Sections 498-A and 304-B of the Indian Penal Code (for short "I.P.C.") and sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1,000/- and in default of payment of fine, to undergo imprisonment for one month for the offence punishable under Section 498-A IPC and sentenced him to undergo rigorous imprisonment for a period of seven years for the offence punishable under Section 304-B of IPC and ordered that both the sentences shall run concurrently. The learned Additional Sessions Judge acquitted accused Nos.2 and 3 for the offences punishable under Sections 498-A, 302 r/w.109 and 304-B r/w.34 of IPC.

(2.) Accused No.1 has preferred Criminal Appeal No.25 of 2013 assailing judgment of conviction, and PW.1, father of deceased-Shaik Rizwana Begum, has preferred Criminal Appeal No.148 of 2013 dissatisfied with the quantum of punishment imposed against accused No.1 and also assailing the judgment of acquittal of accused Nos.2 and 3. Since both the appeals arise out of the same judgment, they were heard together and are being disposed of by this common judgment.

(3.) Prefatory facts of the prosecution case relevant to dispose of these Criminal Appeals may be stated as follows: