THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1173 of 2008 23-12-2014 BETWEEN:
Kalakota Sammaiah …..Appellant/accused AND State of Andhra Pradesh by Public Prosecutor, High Court of Judicature at Hyderabad For the State of Telangana and the State of Andhra Pradesh.
…..Respondent THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1173 of 2008 JUDGMENT:
The Criminal Appeal is preferred by the appellant/A.1 challenging the Judgment, dated 17.09.2008, in S.C. No.287 of 2008 passed by the I Additional Sessions Judge, Karimnagar, whereby the learned Judge found the appellant/A.1 guilty for the offence under Sections 3 and 4 of the Dowry Prohibition Act and accordingly convicted and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/- (Rupees one thousand only), in default, to undergo simple imprisonment for a period of one month each; for each offence.
The case of the prosecution is as follows:-
That P.W.1, father of the deceased, performed the marriage of the deceased with A.1 on 02.03.2004 and at the time of marriage, out of the agreed dowry, he paid Rs.1,60,000/- and spent Rs.10,000/- for his daughter’s treatment since she had received burn injuries and still has to pay Rs.50,000/-. After one year of marriage, his son-in-law, A.1 and A.2 and A.3, parents-in-law of the deceased, used to harass the deceased physically and mentally for dowry amount. That about two years prior to the occurrence, when A.1 tried to kill the deceased, she was escaped and later, the parents of the deceased convinced A.1 and assured him that they would arrange money. About fifteen days prior to the occurrence, A.1 along with the deceased came to P.W.1 and asked Rs.30,000/- and as he had no money, he convinced him that he would arrange money in one month. Later, on 06.08.2007, P.W.5 informed P.W.1 that the deceased hanged herself and died in the house. The deceased committed suicide due to physical and mental harassment meted out by the accused demanding for dowry. Basing on the complaint, Ex.P.1, lodged by P.W.1, a case was registered against A.1 to A.3 for the offence under Sections 302 IPC and 304-B IPC. After completion of the investigation, police filed charge sheet.
.To prove the guilt of the accused, P.Ws.1 and 19 were examined and Exs.P.1 to P.25 and M.Os.1 to 4 were marked on behalf of the prosecution. No oral or documentary evidence was adduced on behalf of the accused.
On appreciation of oral and documentary evidence, the trial Court acquitted A.1 to A.3 for the offence under Section 304-B IPC and also acquitted A.2 and A.3 for the offence under Sections 3 and 4 of the Dowry Prohibition Act. However, the trial Court found the appellant/A.1 guilty for the offence under Sections 3 and 4 of the Dowry Prohibition Act and convicted and sentenced him as stated above. Aggrieved by the same, the present appeal is preferred by the appellant/A.1.
Heard and perused the material available on record.
After evaluating and examining the material available on record and considering the submissions of the learned counsel, this Court is of the view that there are no special or adequate reasons, warranting interference by this Court with the Judgment passed by the trial Court.
At this stage, the learned counsel for the appellant/A.1 confines his argument with regard to quantum of sentence, and submits that as the appellant/A.1 is the only breadwinner in his family and has to lookafter his old aged parents and child, lenient view may be taken by this Court while imposing sentence of imprisonment.
Considering the submissions made by the learned counsel for the appellant/A.1 and the nature of offence, and also in view of long lapse of time, this Court is inclined to take a lenient view.
In the result, the conviction recorded by the trial Court against the appellant/A.1 for the offence under Sections 3 and 4 of the Dowry Prohibition Act is hereby confirmed. However, this Court, taking a lenient view, modifies and reduces the sentence of imprisonment to the period, which the appellant/A.1 has already undergone. The sentence of fine and default condition, imposed by the Court below, is not interfered with.
The Criminal Appeal is accordingly partly allowed. Consequently, the miscellaneous petitions, if any pending in this appeal, shall stand closed.
JUSTICE RAJA ELANGO 23.12.2014 pln