LAWS(TLNG)-2019-1-41

GUNJA RAMU Vs. STATE OF TELANGANA

Decided On January 02, 2019
Gunja Ramu Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, is filed by the appellant/accused, challenging the judgment, dated 16.08.2017, passed in S.C.No.239 of 2016 by the Special Sessions Judge for Fast Tracking the Cases relating to Atrocities against Women at Nalgonda. By the said judgment, the Court below convicted the appellant-accused of the offences under Sections 307 and 376 read with 511 of I.P.C. and sentenced him to undergo simple/rigorous imprisonment for a period of seven years and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for three months for the offences under Sections 376 read with 511 of I.P.C., and also sentenced him to undergo rigorous/simple imprisonment for a period of ten years and to pay a fine of Rs.1,000/- and in default, to undergo simple imprisonment for three months and ordered that both the substantive sentences shall run concurrently.

(2.) Heard the learned counsel appearing the appellant/accused, the learned Additional Public Prosecutor appearing for the respondent/State and perused the record.

(3.) Learned counsel for the appellant/accused would contend that the accused is falsely implicated in this case. He has not attempted to do away with the life of his wife and no attempt of rape was committed on P.W.2-Vemula Maremma. All the allegations made against him are false. The trial Court did not appreciate the facts and circumstances of the case in correct perspective and erroneously convicted and sentenced the appellant/accused for the offences under Sections 307 and 376 read with 511 of I.P.C. and ultimately, prayed to allow the appeal by setting aside the conviction and sentence recorded against the appellant/accused by the trial Court.