✦ High Court of India · 22 Jan 2025

The High Court · 2025

Case Details High Court of India · 22 Jan 2025

Counsel for the Appellant: Sri Nizampur Chandra Sekhar Counsel for the Respondent: Assistant Public Prosecutor The Court delivered the following JUDGMENT: t1[ THE HON'BLE SRI WSTICE K.SURENDER CRIMINAL APPEAL No. 572 OF 2Ol2 lXilr JUDGMENT: The appellant/A1 frled the appeal aggrieved by the conviction recorded by the V Additional District and Sessions Judge (FTC), Ranga Reddy District, in S.C.No.24l of 2OI l, dt. 31.05.2012, for the offence under Section 498-A of IPC.

2. Heard learned counsel for the appellant_ and learned Assistant Public Prosecutor for the respondent-State.

3. The appellant/Al and Accused No.2 were charge sheeted for the olfence under Section 304-8 of the Indian Penal Code. The learned Sessions Judge acquitted appellant and Accused No.2 for the offence under Section 304-8 of Indian penal Code, however convicted the appellant/Al for the offence under Section 498 A of the Indian Penal Code.

4. Briefly, the facts of the case are that on 2I.06.201O at 10.0O p.m., the lnspector of Police, P.S Kukatpally (LW l2) received a complaint from PW. 1-complainant, resident of Rajcndranagar, wherein he stated that he performed his third daughter,s rnarriage i.e-, Anjamma rvith A1, resident of Moosapet, Cyberabad, about six years back. At the time of marriage, PW. I gave Rs.3O,O00/_ fll1l 2 (Rupees Thirty Thousand only) and two tulas of gold as dowry. Anjamma was blessed with four children. Both the accused who are husband and mother-in-law of Anjamma were harassing Anjamma and beat her daily to bring additional dowry. For the past one year their harassment increased. Further, A1 was addicted to liquor and used to quarrel with Anjamma on petty issues and beat her. After A1 goes out for work, A2 starts harassing Anjamma to bring additional dowry and she also beats Anjamma on that ground. It is further stated that the complainant/PW.1 and his wife/PW.2 went to the residence of- accused, convinced both the accused not to harass Anjamma. However, the accused did not change their attitude. On two or three occasions Anjamma tried to commit suicide by taking sleeping pills and pouring kerosene. PW.1 and PW.2 again went and convinced the accused not to harass Anjamma. Due to the harassment of accused one week prior to the incident, Anjamma came to the house of the complainant, but PW. I convinced her and sent her back to the house of the accused along with his - son/PW.3. In front of PW.3, Al beat Anjamma. On 21.06.2010 at lO.OO A.M., unable to bear the harassment of both the accused, Anjamma poured Kerosene on her person and set herself ablaze. Her neighbours noticed the same and admitted her in Gandhi il nill 3 hospital and while undergoing treatment, Anjamma died on the same day at about 5.20 p.m. il[

5. On the basis of the above complaint, a case in Crime No.696 of 20 10 for the offence under Section 304-8 of Indian Penal Code was registered by LW. l2-lnspector of Police and he handed over the C.D file to PW. 10. PW. 10 accordingly conducted necessary investigation. He got inquest held over the dead body of the. deceased by Tahasildar, Balanagar Mandal, referred the dead body for postmortem examination. The medical oflicer conducted the postmortem and opined that the deceased died due to Hypovolemic shock due to burns. A1 was arrested on 02.OT.2O1O and was produced before the Court. A2 surrendered subsequently, before the Court. PW.1O seized incriminating material at the scene of offence . On completion of investigation, he filed charge sheet.

6. The learncd Additional District Judge examined pWs.l to l0 and markcd Exs. Pl to P8 and M.O.1 on behalf of the prosecution. The learned Additional District Judge having considered the, evidence on record, convicted the appellant/A1 under Section 498-A ol IPC rvhite acquitting him under Section 304-8 of the India n Pena I Code. t[ 4

7. Having gone through the record, the allegation of harassment is made out. Conviction for the offence under Section 498-A Indian Penal Code needs no interference. pW. l, pW.2 and PW.3 stated about deceased being beaten on a regular basis. Though no specific details are given, however the witnesses have stated that the appellant used to beat the deceased regularly. However, keeping in view the situation of the appellant, having to look after his aged mother and four children, this Court deems it appropriate to reduce the sentence of imprisonment of three years to the period already undergone by him.

8. Accordingly, Criminal Appeal is partly allowed. The bail bonds shall stand discharged. //TRUE COPY/' Sd,- K. SRINIVASA RAO OINT REGISTRAR SECTION OFFICER To, Reddy District. 'l . The V Additional District and Sessions Judge, (Fast Track Court), Ranga 2. The lX Metropolitan Magistrate, R-R.District ^ i. tn. Station Aouse Offic-er, Kukatpally Police Station, Hyderabad- 4. Two CCs to the Public Prosecutor, High court for the state ot lelangana at 5. Ohe CC to Sri Niz-ampur Chandra Sekhar, Advocate [OPUC] 6. Two CD Copies w Hyderabad. [OUT] VII/gh HIGH COURT DATED: 2210112025 I JUDGMENT CRLA.No.572 ot 2012 r{C STA I€ 1 ) o 0 i !l[ti 2125 2 c .} t DEs par cY\ , PARTLY ALLOWING THE APPEAL cspkA 1 F,,^ T€XE

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