1. This criminal revision case filed under S.397 and S.401, CrPC is directed against the judgment, dated 30-11-2001 in Crl. A. No. 4 of 1999 on the file of I Addl. District and Sessions Judge, Machilipatnam, who confirmed the conviction and sentence passed against the accused in the judgment, dated 30-12-1998 in SC No. 3 of 1998 on the file of the Asst. Sessions Judge, Machilipatnam. The trial Court convicted the accused for the offence under S.376, IPC and sentenced to undergo Rigorous Imprisonment for a period of 7 years and to pay a fine of Rs. 10,000/-, in default to suffer Simple Imprisonment for a period of one year and also convicted the accused for the offence under S.306, IPC and sentenced to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs. 1000/-, in default to suffer Simple Imprisonment for a period of 6 months.

2. The brief facts that are necessary for the purpose of disposal of this revision case may be stated as follows :
It is the case of the prosecution that on 1-7-1997 at about 10.00 p.m., the accused, who is closely related to the deceased Gadi Annapurna came and requested her to serve him food. When she was about to serve food, the