S. R. K. PRASAD, J.

( 1 ) THIS appeal is directed against the judgment rendered by the learned Sessions judge, Cuddapah in S. C. No. 61 of 1998, dated 17-02-1999 convicting A-l to undergo R. I. for five years and also to pay a fine of Rs. 1,000/-, in default, to suffer R. I. for three months for the offence under Section 306 IPC.

( 2 ) THE facts that arise for consideration and briefly be stated as follows: the appellant herein is the 1st accused in s. C. No, 61 of 1998. The deceased-Shaik mallika, is the wife of the appellant. Their marriage took place about 12 years prior to the incident. At the time of marriage the parents of the deceased presented 8 tulas of gold and cash of Rs. 8,000/- towards dowry to the accused. Five years after the marriage a male child was born to the deceased. As the deceased did not be got children till the birth of a male child, the accused were harassing her. A-l expressed his intention to marry another woman. When the deceased refused for the 2nd marriage, A-l bea,t the deceased and drove her out of the house. Thereupon, the deceased went to her parents house. The parents of the deceased took the deceased to the house of A-l and left, the deceased th

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