PASUPUREDDI LAKSHMI Vs. STATE OF A.P.

JUDGEMENT

(1.) This appeal is preferred by the appellant, who is A2, questioning the conviction and sentence imposed vide judgment, dtd. 11/2/2014, passed in S.C.No.99 of 2013, by the Court of Family Court-cum-III Additional District & Sessions Judge, Visakhapatnam whereby the appellant was convicted for the offences under Ss. 302 and 120-B IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs.100.00, in default to undergo simple imprisonment for three months and rigorous imprisonment for a period of two years and a fine of Rs.100.00 in default of payment of fine, imprisonment for a period of one month respectively.

(2.) The case of the prosecution, briefly, is as follows: A1 is the husband of A2. One Gorle Ramana (hereinafter referred to as "the deceased") was a wayward person and was spending all his earnings on liquor. The father of the deceased i.e., Gorle Appanna @ Appalanaidu is a widower, his wife having died more than a decade ago and since then, he is having open liaison with A2 to the knowledge of one and all. The deceased used to work as a helper under LW11, who gives mike sets and lighting equipment for hire. But the deceased discontinued going there since few days before his homicidal death. LW11 also chastised the deceased as he was seen very often at the house of A2, who is his own father's mistress. But the deceased did not mend his ways. His habits were so objectionable that LW9 on seeing his son going along with the deceased on a cycle took exception, slapped him and sent him to school. LWs.8 and 10 also saw the deceased at the house A2 several times.

(3.) The Additional Judicial Magistrate of First Class, Vizianagaram, took cognizance of the case on file; issued NBW against the accused; when A2 was produced, the case against her was separated and the same was numbered as PRC No.36 of 2013; committed to the court of sessions and the same was numbered as S.C.No.99 of 2013 on the file of the court of Family Court-cum-III Additional Sessions Judge at Vizianagaram. The trial court, on appearance of the accused, framed charges against him for the offences under Ss. 302 and 120-B read with 34 IPC against A2 and the same were read over and explained to her in telugu. She pleaded not guilty and claimed to be tried. After recording the plea of not guilty by the accused, the court below conducted the trial of the case, during which the court examined P.Ws.1 to 15 and marked Exs.P1 to P27 and M.Os.1 to 12 on behalf of the prosecution. After concluding the prosecution evidence, the accused was examined under Sec. 313 Cr.P.C. about the incriminating circumstances appearing against her in the prosecution evidence, which she denied and did not choose to examine any witness on her behalf.