THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1217 of 2008 23-09-2014 BETWEEN:
Sanagonda Sampath …..Appellant/accused AND State of A.P., Rep. by the Public Prosecutor, High Court of Judicature at Hyderabad for The State of Telangana and the State of A.P., …..Respondent THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1217 of 2008 JUDGMENT:
This Criminal Appeal is preferred by the appellant/accused against the Judgment dated 19.09.2008 passed in S.C.No.153 of 2007 by the Hon’ble IV Additional District and Sessions Judge, Karimnagar, whereby the learned Judge convicted the appellant/accused for the offences under Section 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act, and accordingly sentenced him to suffer rigorous imprisonment for a period of six months and to pay a fine of Rs.1,000/- (Rupees one thousand only), in default, to suffer rigorous imprisonment for a period of four weeks, under each count.
The case of the prosecution is as follows:
That eight months prior to the occurrence, the marriage of the deceased was performed with A.1 and at the time of marriage, a dowry of Rs.90,000/- in cash and 6 ½ tulas gold and other household articles were presented to the accused as per their caste and custom. A.1 and the deceased led happy marital life for a period of four months. After four months of marriage, the complainant also got deposited an amount of Rs.50,000/- jointly in the name of the deceased and A.1 and eversince A.1 started harassing the deceased physically and mentally demanding additional dowry of Rs.50,000/-. That on 06.08.2006, A.1 constantly harassed, ill-treated the deceased physically and mentally and subjected her to cruelty demanding to bring additional dowry of Rs.50,000/- and drove her to commit suicide by setting ablaze her body with kerosene. Basing on the complaint lodged by P.W.1, a case was registered. After completion of the investigation, police filed charge sheet against the accused for the offence under Sections 498- A and Sections 3 and 4 of the Dowry Prohibition Act.
To prove the guilt of the accused, P.Ws.1 to 11 were examined and Exs.P.1 to P.12 and M.Os.1 and 2 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 found the appellant/A.1 guilty for the offence under Section 498- A IPC and Sections 3 and 4 of the Dowry Prohibition Act and accordingly sentenced him as stated above. Aggrieved by the same, the present appeal is preferred by the appellant/A.1.
Heard and perused the records.
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 has to lookafter his old aged parents and he is the only breadwinner in his family, 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 Section 498-A IPC and 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 under each count, 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.
Accordingly, the Criminal Appeal is partly allowed. Consequently, the miscellaneous petitions, if any pending in this appeal, shall stand closed.
JUSTICE RAJA ELANGO 23.09.2014 pln