THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.374 of 2008 09-09-2014 BETWEEN:
Velumuri Kaladhar Reddy …..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.374 of 2008 JUDGMENT:
This Criminal Appeal is preferred by the appellant/accused against the Judgment dated 14.05.2002 passed in S.C.No.476 of 2001 by the Special Judge for trial of Offences under SCs and STs (PoA) Act - cum - VI Additional Metropolitan Sessions Judge, Secunderabad, whereby the learned Judge convicted the appellant/accused for the offence under Section 498-A IPC and accordingly sentenced him to suffer rigorous imprisonment for a period of two years and to pay a fine of Rs.3,000/- (Rupees three thousand only), in default, to suffer simple imprisonment for a period of three months.
The case of the prosecution is as follows:
The deceased and the accused are the wife and husband and they are blessed with a son. The accused is addicted to alcohol and always harassing the deceased. The accused is a sadist and due to unbearable acts of the accused, the deceased committed suicide by pouring kerosene and set her ablaze and while undergoing treatment, she died. Upon receiving the death intimation from the Hospital, a case was registered against the accused and the case was investigated. After completion of the investigation, police filed charge sheet against the sole accused for the offences under Sections 498-A and 306 IPC.
To prove the guilt of the accused, P.Ws.1 to 15 were examined and Exs.P.1 to P.20 were marked on behalf of the prosecution. No oral evidence was adduced on behalf of the accused, but Exs.D.1 and D.2 were marked.
On appreciation of oral and documentary evidence, the trial Court acquitted the sole accused for the offences under Sections 306 IPC or 304-B IPC. However, the trial Court found the accused guilty for the offence under Section 498-A IPC and accordingly sentenced him as stated above. Aggrieved by the same, the present appeal is preferred by the appellant/accused.
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/accused confines his argument with regard to quantum of sentence, and submits that as the appellant/accused has to lookafter his father and he is the only breadwinner in his family, lenient view may be taken by this Court while imposing sentence of imprisonment.
Considering the submission made by the learned counsel for the appellant/accused 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/accused for the offence under Section 498-A IPC is hereby confirmed. However, this Court, taking a lenient view, modifies and reduces the sentence of imprisonment, to the period, which the appellant/accused 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 09.09.2014 pln