HON’BLE SRI JUSTICE V. ESWARAIAH Crl.A. No. 1095 of 2007 DATED: 16.03.2011 Between: Inakollu Masthanaiah .. Appellant And State of A.P. .. Respondent JUDGMENT:- (Per Hon’ble Sri Justice V. Eswaraiah) The appellant-A1 and another were tried in S.C. No. 227 of 2004 for the offences punishable under Sections 302 read with 34 IPC and the learned Sessions Judge, Nellore, having considered the evidence both oral and documentary, while acquitting A2 of the offence punishable under Section 302 read with 34 IPC, found A1 guilty of the offence punishable under Section 302 IPC and accordingly convicted and sentenced him to undergo rigorous imprisonment for life. The case of the prosecution in brief is that the deceased – Mangamma was a married about seven year prior to 27.06.2003 and was blessed with a male and female child and later, her husband deserted her due to differences between them, as such, she was staying with her parents at Kothagunta Iskapalli village. PW2 is her father. A1 developed illegal intimacy with the deceased four months prior to 27.06.2003 and thereafter suspected her. There was quarrel between the deceased and a1 on 26.06.2003 at 10.00 p.m. and A1 went away from the house. In the early hours of 27.06.2003 at about 2.00 a.m., A1 and A2 came with a tin and found the deceased sleeping along with her parents. A1 poured acid on the face and breast of the deceased in order to end the life of the decease and she received burns and cried. Immediately, PWs.2 to 4 and others woke up and found the accused and chased them. The accused boarded an Auto driven by PW13 and went to Allur. The deceased was shifted to head- quartes hospital, Nellore and at about 5.55 a.m. PW1, the head constable recorded the statement of the deceased and thereafter transmitted in the information to Allur Police and a case in Cr.No.62 of 2003 under Section 326 and 307 IPC was registered and investigated. On 4.7.2003 the accused was arrested and sent for remand. On 18.07.2003 the deceased died while undergoing treatment and Section of law was altered into one under Section 302 IPC. Charge under Section 302 IPC against A1 and 302 read with 34 IPC was framed against the accused read over and explained to them and they pleaded not guilty. To substantiate the cae of the prosecution, it examined PWs. 1 to 13 and marked Exs.P1 to P12 and M.Os.1 to 3. The learend Judge while acquitting A2 convicted A1 of the offence punishableunder Section 302 IPC and sentenced him as stated supra. Challenging the judgment of conviction, A1 has preferrend this Criminal Appeal. ________________ V. ESWARAIAH, J 16.03.2011 ___________________ V. SURI APPA RAO, J bcj