M.Bhaskar v. The State of A.P
Case at a glance
- Decided
- 03 Dec 2010
- Bench
- RAJA ELANGO
Outcome
Acquitted
hereby set aside and the accused is acquitted of the charge levelled
Provisions considered
- Code of Criminal Procedure, 1973 s. 235(2)
- Indian Penal Code, 1860 s. 304B
Judgment
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.260 OF 2005 ORDER: This is a revision arising out of conviction and sentence confirmed by the learned IV Additional District & Sessions Judge (Fast Track Court), Ranga Reddy District, in Criminal Appeal No.108 of 2004 by judgment dated 15.09.2004, as imposed by the learned IV Additional Assistant Sessions Judge (FTC), Ranga Reddy District, who convicted the petitioner-accused under Section 235 (2) Cr.P.C and sentenced him to undergo rigorous imprisonment for seven years for the offence punishable under Section 304B of Indian Penal Code (for short ‘IPC’). Heard. The only evidence available on record to convict the accused is the dying declaration of the deceased. The said dying declaration runs as follows: “Naku pendli Aina Daggari nundi Na Bartha Bhasker Ekkuva Katam Tisukoni Rammani Chala Sarlu nannu vedhinchadu. Maa Amma gari intiki Pampamante pampinchevadu kadu. Inka Katnam Testene Pamputanu ani anevadu. E Roju Udayam nenu Na Barthanu Bonalu Pandagaku maa amma gari intiki pampamani adiganu. Daaniki Na Bartha Inka Rs.20,000/- Teesukoni vastene nannu maa Ammagari intiki pamutanu lekapote pampanu ani titti, kottinadu. Nenu ekkuva katnam teesukoni raaledani nannu E vidhamga chestunnanduna, Nenu chachi podaamani E Madhyannam
Operative part
1.00 gantaku kerosene posukoni antinchukonnanu. Edi Jarigindi”. Apart from the dying declaration, none of the witnesses supported the Prosecution case. A mere reading of the dying declaration discloses that the cause for the deceased committing suicide is the refusal of the petitioner to send her to her parents’ house. The said act of the petitioner will not come under the purview of either Section 304B or 306 IPC. The deceased in the spur of moment, lost her mental balance and committed suicide. Even then it is unfortunate that it cannot be punished under the provisions of either 304B or 306 IPC. Hence, the petitioner is entitled for acquittal and the conviction and sentence imposed on the petitioner need to be interfered with. Therefore, the conviction and sentence imposed on the petitioner by the trial Court and confirmed by the Appellate Court is hereby set aside and the accused is acquitted of the charge levelled against him. Accordingly, the Criminal Revision Case is allowed. Dated : 03.12.2010 ________________________ JUSTICE RAJA ELANGO
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: hereby set aside and the accused is acquitted of the charge levelled
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 235(2); Indian Penal Code, 1860 — s. 304B.
Which court decided this case, and when?
Andhra Pradesh High Court, on 03 Dec 2010. The bench was RAJA ELANGO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.