ONTERU VENKATA SUBBA REDDY Vs. STATE OF A P
LAWS(APH)-2008-2-103
HIGH COURT OF ANDHRA PRADESH
Decided on February 26,2008

ONTERU VENKATA SUBBA REDDY Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (1.)THESE two appeals are directed against the judgment, dated 6. 2. 2006, rendered by the Court of III Additional District and Sessions Judge (FTC), nellore. A-1 to A-5 were charged with the offence of committing murder of one onteru Vijayalakshmi, the wife of A-1, on the intervening night of 5/6. 12. 2001. The second charge was under Section 498-A read with Section 304-B IPC, against a-1 to A-3, A-6 and A-7. In addition to that, A-1 to A-5 were accused of committing the offence punishable under Section 201 IPC, for removing the evidence.
(2.)THE trial court acquitted A-2 to A-5 and A-7 of all the charges. It, however, convicted A-1, of the offences punishable under Section 302, 201 and 498-A IPC. Sentence of imprisonment for life, with fine of Rs. 500/- (in default to suffer simple imprisonment for three months); rigorous imprisonment for two years, with fine of Rs. 300/- (in default to suffer simple imprisonment for two months); and rigorous imprisonment for one year, with fine of Rs. 200/- (in default to suffer simple imprisonment for two months), respectively, were imposed for the offences punishable under the said three provisions. The case against A-6 was split up, since NBW was pending against him. While Crl. A. No. 236 of 2006 is filed by A-1, aggrieved by the conviction and sentence imposed against him, Crl. A. No. 239 of 2008 is filed by the State, challenging the acquittal of A-2 to A-5 and A-7.
(3.)THE case presented by the prosecution before the trial court was: the marriage of Vijayalakshmi, the daughter of PW-1, was performed with A-1 on 31. 10. 2001, and thereafter, she was sent to her matrimonial home on 22. 11. 2001. Gold and cash of Rs. 80,000/- was presented at the time of marriage. On 6. 12. 2001, an intimation was received by PW-1, to the effect that his daughter was missing from the house of A-1, from the intervening night of 5/6. 12. 2001. He proceeded to Kovur, the native place of the accused, on 7. 12. 2001. A-1 and his parents, A-2 and A-3 have informed him that the deceased left in the previous night, with a suitcase, containing golden ornaments and cash of Rs. 700/ -. When himself and PW-2 searched the house, PW. 1 found the suitcase very much in the house of A-1 to A-3. Report, which is marked as Ex. P-2, was submitted by PW. 1, to the Station House Officer, Kovur, at 1700 hours on 7. 12. 2001, stating that the deceased was missing. He suspected the involvement of the accused in the same. In the morning on the next day i. e. 8. 12. 2001, pws-1 and 2 came to know that a dead body was floating in a well, nearby the village and they identified the same, to be that of the deceased. Another complaint, incorporating these facts was submitted, which is marked as Ex. P-3.
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