STATE OF A.P. Vs. DONIPALLIRAJU

JUDGEMENT

(1.) Challenging the validity and the legality of the judgment dated 26.07.2007 rendered by the Court of the II Additional Sessions Judge, (Fast Track Court), Adilabad, in Sessions Case No.161 of 2007, through which the respondents-accused were acquitted of the charge levelled against them, the appellant is before this Court by way of appeal.

(2.) In the grounds of appeal, it is urged that the judgment of the trial Court is contrary to law, weight of evidence and probabilities of the case; that the learned judge of the trial Court ought to have seen that the ingredients to constitute the offence punishable under Section 304-B I.P.C. were made out by the prosecution; that the learned judge by not appreciating the evidence properly and based on assumptions and presumptions acquitted the respondents-accused; that the learned judge ought to have observed that independent witnesses would not be available for the things that would happen within the four walls of the house; and that the learned judge failed to observe that the deceased died within seven years of her marriage at her in-laws house and thus, the acquittal of the respondents-accused is unsustainable and as such, the appeal has to be allowed.

(3.) Reported to take it as heard by the learned Additional Public Prosecutor as well as the learned counsel appearing for the respondents-accused.