JUDGMENT

(Per Hon‟ble Sri Justice K.Suresh Reddy)

Sole accused in S.C.No.33 of 2014, on the file of the Court of Sessions Judge, Mahila Court, Vijayawada, is the appellant. He was tried by the learned Sessions Judge under three (3) charges. First Charge was under Section 364 IPC, second Charge was under Section 302 IPC and the third Charge was under Section 392 IPC

2. Substance of the charge is that on 2^nd August, 2012, the appellant/accused kidnapped one Nurukurthi Mounica (hereinafter referred to as „the deceased‟) by deceitful words and on a false promise, asked her to come to Vijayawada from Hyderabad, and on 04.08.2012, at about 11.30 a.m., the accused administered her a cool drink mixed with poison at Kurrelagudem, Tadepalligudem, and forcibly made her consume the same, and in the same process, he took away the gold chain and ear studs from her body, thereby committed offences punishable under Sections 364, 302, and 392 IPC.

3. After completion of trial, the learned Sessions Judge convicted the appellant/accused under Section 302 IPC and sentenced him to suffer imprisonment for „LIFE‟ and also to pay a fine of Rs.2,000/- (Rupees Two Thousand only), in default to suffer Simple Imprisonment for a period of one month. Learned Sessions Judge further convicted the appellant/accused under Section 379 IPC and sentenced him to suffer Rigorous Imprisonment for a period of three (3) years and also to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for a period of fifteen (15) days. Both the sentences were directed to run concurrently. However, the learned Sessions Judge acquitted the appellant/accused under Sections 364 and 392 IPC.

4. Case of the prosecution, briefly, is as follows:

The accused and the deceased were classmates in S.V.P.G. College, Eluru, while pursuing their MBA course. P.W.1 is father, P.W.2 is sister, P.W.6 is relative, and P.W.5 is friend of the deceased respectively. The accused and the deceased belong to different castes. During the year 2009, while studying MBA, they developed an intimate relationship and intended to marry each other. The accused disclosed their love affair to his father, who refused to consent to their marriage on the ground of caste difference. After completion of MBA course, the accused returned to his native place, and P.W.1 sent the deceased to the residence of P.W.2 at Hyderabad for preparation for Group-II examinations. The deceased used to frequently call the accused requesting him to marry her. However, the accused avoided her calls and informed her that he was not interested in marrying her.

(ii) While matters stood thus, on 01.08.2012, on receiving a phone call from the accused, the deceased proceeded to Vijayawada after informing P.W.2 that she was going to Eluru to collect her MBA certificates. After completion of MBA course, the accused joined coaching for Bank examinations at CCE Sridhar Institute, Vijayawada, and on coming to know of the same, the deceased also joined the said Institute. The deceased continued to insist the accused to marry her, but the latter used to postpone the said proposal.

(iii) After completion of coaching programme, the deceased went to Hyderabad in search of employment, while the accused was residing in his paternal aunt‟s house at Vijayawada. Subsequently, the accused secured job in Celestyle Showroom at Mahanadu Road, Patamata, Vijayawada. The deceased, having come to know of the same, frequently contacted him over phone and reiterated her request for marriage. The accused, however, kept evading the issue on one pretext or the other. As the deceased was insisting, the accused felt inconvenience and decided to do away with the life of the deceased. In pursuance of the said intention, on 02.8.2012, the accused asked the deceased to come to his office at Vijayawada. Believing his words, the deceased went there. Thereafter, the accused took her to Kakinada and returned to Vijayawada on the same day. On 02.8.2012, the deceased stayed in the