Judgment :

Dr. B.S. Chauhan, J.

1. This appeal has been filed against the judgment and order dated 13.9.2006, passed by the High Court of Andhra Pradesh at Hyderabad in Criminal Appeal No.863 of 2004, by way of which the High Court reversed the judgment and order of the Sessions Judge, Vijianagaram dated 19.10.2001, passed in Sessions Case No.40 of 2001, by way of which and whereunder the appellant stood acquitted of the charges under Section 302 read with Section 201 of the Indian Penal Code 1860 (hereinafter referred to as the ‘IPC’).

2. Facts andcircumstances giving rise to this appeal are that:

A. The appellant had developed intimacy with Ratna Kumari (deceased) and got an inter caste marriage, registered on 26.10.1991 under the Hindu Marriage Act, 1955. Their married life was not very happy, therefore, Divorce Petition being O.P. No.37/92 was filed and the same was rejected by the Family Court on the ground that one year had not elapsed after their marriage.

B. Thus, a fresh Divorce Petition, i.e., O.P. No.65 of 1992 was filed on 31.12.1992. Their marriage was dissolved and the appellant and deceased stood separated. There was no child out of the said wedlock.

C. The deceased