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2002 Supreme(SC) 396

M.B.SHAH, D.M.DHARMADHIKARI
VEERLA SATYANARAYANA – Appellant
Versus
STATE OF ANDHRA PRADESH – Respondent


ORDER

1. By judgment and order dated 11-10-1996, in Sessions Case No. 12 of 1994, the Sessions Judge, Krishna Division, Machilipatnam convicted the appellant for the 'offences punishable under Sections 304 (Part I), 307 and 447 IPC. Against the said judgment, the State preferred Criminal Appeal No. 1215 of 1998, contending that the appellant ought to have been convicted for the offence punishable under Section 302 IPC. By judgment and order dated 27-12-1999, the High Court of Andhra Pradesh allowed the said appeal and convicted the appellant for the offence punishable under Section 302 IPC and sentenced him to suffer RI for life and fine of Rs 2000 and in default of payment of fine to suffer simple imprisonment for one month. Hence, the appellant-accused has preferred this appeal.

2. The prosecution story in short is: PW 1 (Shaik Putli) who is the injured witness, had developed relationship with the deceased (Lalayya) and was staying with him. It is also her case that the accused was visiting her house frequently and thereafter, she also developed illicit intimacy with the accused as well. However, when the deceased came to know about it, he warned the accused and asked him not to v





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