PALLEBOINA SADAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) This is a Criminal Appeal filed by the sole accused in SC.No.605 of 2010 on the file of Principal District and Sessions Judge, Warangal. This appeal has been filed under Sec. 74(2) of Criminal Procedure Code (for short 'Cr.P.C.') challenging the judgment and conviction recorded by the trial Court dtd. 10/7/2012 by the trial Court, where under, the appellant herein was convicted under Sec. 235 (2) Cr.P.C. for the offence under Sec. 304-II of Indian Penal Code (for short 'I.P.C.') and was sentenced to undergo Rigorous Imprisonment for a period of Five years and to pay a fine of Rs.1,000.00 in default of payment of fine to undergo further Simple Imprisonment of Six months.

(2.) As could be seen from the impugned judgment, it appears that the appellant herein was tried before the learned Principal District and Sessions Judge, Warangal in SC.No.605 of 2010 with an allegation that he has committed an offence under Sec. 302 of IPC. However, after the trial, the trial Court came to the conclusion that the prosecution was not able to prove the guilt of appellant for the offence under Sec. 302 of IPC. However, held that the evidence placed before the Court proved the guilt of appellant for the offence under Sec. 304-II of IPC, accordingly, convicted him under Sec. 235 (2) of Cr.P.C. with the sentence as referred above.

(3.) As per the charge sheet filed by the respondent/complainant, it was alleged that one Palleboina Ramesh (herein after will be referred as 'deceased') and appellant herein were brothers and sons of one Palleboina Mallamma, who was examined as PW.5 before the trial Court. Palleboina Ilamma, who was examined as PW.1 is the wife, PWs.2 and 3 namely Anusha and Akhila were the children of the deceased.