STATE OF TELANGANA Vs. RAJESH KUMAR SHARMA

JUDGEMENT

(1.) This criminal appeal is preferred by the State, challenging the judgment dtd. 21/10/2016 in S.C.No.99 of 2016 on the file of the Metropolitan Sessions Judge, Hyderabad, acquitting the accused for the offence punishable under Sec. 302 of Indian Penal Code, 1860 (for short, 'IPC').

(2.) Heard learned Additional Public Prosecutor for appellant-State and learned counsel for respondent/ accused.

(3.) The case of the prosecution is that PW.1, sister of the deceased, lodged an English written complaint on 8/7/2015 at 14:00 hrs, stating that her younger sister (deceased-Saritha Sharma) informed her a few days earlier that her husband (accused-Rajesh Kumar Sharma @ Rajesh Sharma) was suspecting her character and harassing her mentally and physically and requested to settle the issue. That on 8/7/2015, at 12:30 p.m., when she along with her daughter was entering the deceased's flat, her brother-in-law (accused) hurriedly ran away, pushing her aside without replying. It is further stated in the complaint that she saw the deceased lying on the bed in a pool of blood, with injuries on her head and blood oozing from her head. A small iron rod was found on the bed, blood was scattered on the walls and found her sister dead. When she raised hue and cries, the inmates, Sonia Sharma w/o. Rakesh Sharma (co-sister of deceased) came out of her room and Kamal Nayan Sharma, father-in-law came from down. She intimated her husband and other relatives and they came to Police Station, Mangalhat, and lodged complaint stating that her brother-in-law (Rajesh Sharma) brutally murdered her sister with an iron rod by beating her on her head.