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2023 Supreme(AP) 262

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.V. RAVINDRA BABU, J.
Vemula Vamsi Kumar – Petitioner
Versus
State of Andhra Pradesh – Respondent
Criminal Revision Case No. 779 of 2006
Decided On : 07-02-2023

Advocates:
Advocate Appeared:
For the Petitioner: M. Venkata Narayana.

Headnote:

Indian Penal Code,1860 - Sections 498-A and 306 - Code of Criminal Procedure,1973 - Sections 235(1), Section 388, 313 and 235(2) - Indian Evidence Act - Section 113A - Cruelty - Examination of accused - Petitioner along with A.2 under Section 235(2) of Cr.P.C. for charges under Sections 498-A and 306 of I.P.C. and sentenced A.1 to undergo rigorous - Held, Court is of the considered view that insofar as the Revision Petitioner is concerned, prosecution has categorically established the charges against him before Court below beyond reasonable doubt and judgments of both Courts below cannot be said to be erroneous - Learned Sessions Judge in Criminal Appeal does not suffers with any illegality, irregularity or impropriety - Criminal Revision Case is dismissed

ORDER :

1. This Criminal Revision Case is filed by the petitioner, who was the first Appellant in Criminal Appeal No. 145 of 2004, on the file of Sessions Judge, Nellore Division, challenging the judgment, dated 18.04.2006, whereunder the learned Sessions Judge, Nellore Division, dismissed the Criminal Appeal insofar as the present petitioner (A1) is concerned, confirming the conviction and sentence imposed against him in Sessions Case No. 386 of 2003 before the Additional Assistant Sessions Judge, Nellore.

2. The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court for the sake of the convenience.

3. The present petitioner along with A.2 and A.3 faced charges under Sections 498-A and 306 of Indian Penal Code (“I.P.C.” for short) before the Additional Assistant Sessions Judge, Nellore and the learned Judge acquitted A.3 under Section 235(1) Code of Criminal Procedure (“Cr.P.C” for short) for the charges under Sections 498-A and 306 of I.P.C. The learned Judge convicted the present petitioner along with A.2 under Section 235(2) of Cr.P.C. for the charges under Sections 498-A and 306 of I.P.C. and sentenced A.1 to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 100/- in default rigorous imprisonment for a period of three months for the offence under Section 498-A of I.P.C. and further sentenced him to suffer rigorous imprisonment for a period of seven years and to pay fine of Rs. 100/- in default to suffer rigorous imprisonment for a period of three months for the offence under Section 306 of I.P.C. The learned Judge also sentenced A.2 to undergo simple imprisonment for a period of three years and to pay fine of Rs. 100/- in default to suffer simple imprisonment for a period of three months for the offence under Section 498-A of I.P.C. and further sentenced him to undergo simple imprisonment for a period of seven years and also to pay fine of Rs. 100/- in default to suffer simple imprisonment for a period of three months for the offence under Section 306 of I.P.C. The learned Judge directed that both the sentences of A.1 and A.2 shall run concurrently. When A.1 and A.2 filed a Criminal Appeal No. 145 of 2004, the Criminal Appeal insofar as A.2 is concerned was allowed setting aside the conviction and sentence, but insofar as the present petitioner is concerned was dismissed.

4. The case of the prosecution, in brief, pertaining to P.R.C. No. 31 of 2003, on the file of II Additional Judicial Magistrate of First Class, Nellore, according to the contents of the charge-sheet is as follows:

    (i) The A.1 is the son of A.2 and A.3. They are resident of Nellore. One Muppala Sulakshna (hereinafter will be referred to as “deceased”) is the wife of A.1 and belonged to Harijana caste. LW-1 Muppala Venkatadri (PW-2) is the father of deceased. LW-2 Muppala Nagabhushanamma (PW-3) is the mother of deceased. LW-3 Kami Aruna is the elder sister and LW-4 Muppala Asleesha (PW-4) is second sister of deceased. The deceased fell in love with A.1 and their marriage was done on 20.09.1999 at Srinivasa Mangapuram, Tirupati without consent of the parents i.e. LWs. 1 and 2. After the marriage, they went to the house of complainant, who is working as a clerk in Punjab National Bank, Nellore. He kept them separately in a house. After some days, they went to the house of A.1 and started residing there for three months. After that both the deceased and A.1 went to the house of LW-1 and informed that her father-in-law behaved vulgarly. Then, LW-1 pacified the issue and sent them to the house of A.1. In the meantime, LW-1 was transferred to Tirupati.

(ii) On 06.07.2002 the deceased went to her parents’ house and informed that her husband (A.1) and his parents i.e. A.2 and A.3 harassed her both mentally and physically for getting money and if not, they would perform second marriage to A.1 with daughter of cousin of A.1. LW-1 pacified her and sent her back. The deceased unable to bear t

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