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2008 Supreme(SC) 995

ARIJIT PASAYAT, P.SATHASIVAM
Kusuma Ankama Rao – Appellant
Versus
State of Andhra Pradesh – Respondent


JUDGMENT (Dr. ARIJIT PASAYAT, J.)

1. Challenge in this appeal is to the judgment of a Division Bench of the Andhra Pradesh High Court upholding the appellants conviction for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the `IPC) for committing murder of one Gottapu Adilakshmi (hereinafter referred to as the `deceased) by strangulating her with a towel on 22.2.2001. Learned VI Additional Sessions Judge (Fast Track Court), Machilipatnam had found the accused guilty and convicted and sentenced him to imprisonment for life and fine.

2. Prosecution case as unfolded during trial is as follows:

Kusuma Ankama Rao (hereinafter referred to as `accused) was a resident of Pedaveedhi of Gudivada Town. He was a fruit vendor. Sankara Rao (PW-1) and Rama Swamy (PW-2) are the son and husband of the deceased respectively. The deceased stayed with her family in the house of M. Simhachalam (PW-3) in Padamata Veedhi at Gudivada. Accused was having illegal intimacy with the deceased. On 22.2.2001 at about 6.30 p.m., the accused met PW-1(son of the deceased) and asked him to get a quarter bottle of liquor and a beedi packet and paid Rs.50/- for the purpose. Accordingly, P






























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