MANIKIREDDI VENKATESWARA RAO VENKAYYA Vs. STATE OF A P
LAWS(APH)-2019-8-66
HIGH COURT OF ANDHRA PRADESH
Decided on August 28,2019

Manikireddi Venkateswara Rao Venkayya Appellant
VERSUS
STATE OF A P Respondents

JUDGEMENT

T. Rajani, J. - (1.)This appeal is preferred against judgment dated 04-02-2008 in S.C.No. 205 of 2007 on the file of the Court of Principal Sessions Judge, West Godavari at Eluru (for short, 'the Court below'), by virtue of which the Court below convicted the appellant-accused for the offence punishable under Section 304 Part II IPC and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs.100/-, in default to suffer simple imprisonment for one month.
(2.)The facts of the case briefly as per the charge sheet are that the deceased got married to one Anipe Rajarao about 8 years back and was blessed with a daughter aged about 2 years; her husband deserted her; since a year, the accused developed illegal intimacy with the deceased and was coming to her house; since few months, he stopped visiting her; on that, the deceased entertained a suspicion that the accused might have developed intimacy with some other lady; on 25-08-2006 at about 8.30 p.m. when the deceased was along with her daughter, the accused came to her house and lied on her bed in order to satisfy his lust and leaned over her; she resisted and did not allow him to have sexual intercourse with her and pushed him; due to the reluctant attitude of the deceased, the accused grew wild, took out plastic kerosene tin containing kerosene, poured on her and lit a matchstick; the deceased raised cries; the accused, being embraced, came out of the house; the same was witnessed by P.W.2 who is daughter of the deceased; the other witnesses also gathered there; the information was given to parents of the deceased, they tried their best and separated the accused who also received injuries; the statement of the deceased was recorded so also the statement of the accused; the deceased succumbed to the injuries while undergoing treatment; based on the statement of the deceased, a case in crime No. 99 of 2006 was registered for the offence punishable under Section 307 of IPC; after death of the deceased, the Section of law was altered to Section 302 of IPC and after due investigation, charge sheet was laid against the accused for the offence punishable under Section 302 of IPC.
(3.)The committal Court, on appearance of the accused, complied with all the required legal formalities and committed the case to Sessions Division, West Godavari District at Eluru, as the case is exclusively triable by Sessions Court. The Sessions Judge, in turn, numbered the case. The Court below, on appearance of the accused before it, framed charge for the offence punishable under Section 302 of IPC. After recording the plea of not guilty by the accused, the Court below conducted trial and examined P.Ws.1 to 16 and marked Exs.P1 to P16 and M.Os.1 to 3 on behalf of the prosecution. After concluding the prosecution evidence, the accused was examined under Section 313 of Cr.P.C. with regard to the incriminating circumstances appearing in the prosecution evidence, which he denied and examined D.W.1 on his behalf.
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