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A. V. RAVINDRA BABU
Vadde Bellam Srinivasulu, S/o. Venkaramudu – Appellant
Versus
State Of A. P. , Rep By Its PP. Hyd. – Respondent
JUDGMENT :
Challenge in this Criminal Appeal is by the unsuccessful A.1 to the judgment, dated 09.11.2010 in Sessions Case No.618 of 2007, on the file of I Additional Sessions Judge, Anantapur (“Additional Sessions Judge” for short), whereunder the learned Additional Sessions Judge exonerated A.2, A.3 and A.4 of the charge under Section 304-B of the Indian Penal Code (“I.P.C.” for short), but found the present appellant, who was A.1, guilty of the charge under Section 304-B of I.P.C., convicted him under Section 235(2) of the Code of Criminal Procedure (“Cr.P.C.” for short) and after questioning him about the quantum of sentence, sentenced him to suffer rigorous imprisonment for eight years.
2. The parties to this Criminal Appeal will hereinafter be referred to as described before the learned Additional Sessions Judge for the sake of convenience.
3. The Sessions Case No.618 of 2007 arose out of a committal order in P.R.C.No.100 of 2007, relating to Crime No.77 of 2006 of Itikalapally Police Station.
4. The case of the prosecution, in brief, according to the charge sheet, is as follows:
The main legal point established in the judgment is the application of Section 304-B of IPC and Section 113-B of the Indian Evidence Act to establish the live link between dowry harassment and the co....
The court established that the accused's demand for additional dowry and the resulting harassment led to the victim's death, satisfying the criteria for dowry death under IPC Section 304-B.
The prosecution established that the accused subjected the deceased to continuous harassment for dowry, leading to her suicide within seven years of marriage, warranting conviction under Section 304-....
The judgment reaffirms the legal principle that the prosecution must prove the essential ingredients of dowry death under Section 304-B of IPC and can strengthen its case with the statutory presumpti....
Conviction upheld - Dowry death - there was persistent demand of dowry made by accused from the victim who was used to subjected to cruelty and harassment for such demand and ultimately she had ended....
The prosecution categorically established the charges under Sections 498-A and 304-B IPC against the appellant beyond reasonable doubt.
The burden lies on the prosecution to establish the ingredients of Sec. 304-B, and once proved, the presumption under Sec. 113-B comes into play. The accused can then attempt to displace the deemed c....
The court established that the elements of dowry harassment and subsequent suicide were proven, justifying the conviction under Sections 498-A and 304-B IPC.
The court mandated that for a conviction under Section 304-B IPC, the prosecution must demonstrate a proximate link between cruelty and the death, which was found lacking in this case.
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