LAWS(TLNG)-2018-7-6

BOMMATHOTI YEDUKONDALU Vs. STATE OF AP.

Decided On July 10, 2018
Bommathoti Yedukondalu Appellant
V/S
State Of Ap. Respondents

JUDGEMENT

(1.) A1 and A2 in Sessions Case No. 187 of 2010 on the file of the VI Additional District and Sessions Judge (Fast Track Court), Markapur, were tried on two charges. The first charge was under Section 302 IPC and the second charge was under Section 201 IPC. Vide judgment dated 03.02.2012, the learned Additional Sessions Judge, while acquitting A1 of both the charges, convicted A2 for the offence punishable under Section 302 IPC and sentenced her to suffer imprisonment for life and also to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for a period of two months. She was further convicted under Section 201 IPC and sentenced to undergo rigorous imprisonment for three years and a fine of Rs.500/- in default to undergo simple imprisonment for a period of one month. Both the sentences were directed to run concurrently.

(2.) The gravamen of the charge against the accused is that on the intervening night of 21.05.2006 and 22.05.2016, the accused caused the death of Bommathoti Hanumantha Rao, by throttling him to death, in his house situated in Sankarapuram Village.

(3.) The facts, as disclosed from the evidence of the prosecution witnesses, are as under: A2, who is the appellant herein, is the wife of the deceased, while A1 is her paramour. PW1 and PW2 are the brothers of the deceased, while PW3 is his mother. PW4 is the son of A2 and the deceased, while PW5 is the brother-in-law of PWs 1 and 2. PW6 is the son of PW1. PW7 is also related to the family of PW1 and the deceased.