SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Telangana) 673

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
A. ABHISHEK REDDY, JUVVADI SRIDEVI, JJ.
Chopde Vishal, Nizamabad – Appellant
Versus
P.P., HYD – Respondent
Criminal Appeal No.1093 of 2014
Decided on : 15-12-2022

Advocates:
Advocate Appeared:
For the Appellant : T PRADYUMNA KUMAR REDDY

Headnote:

Code of Criminal Procedure, 1973 - Section 374(2) – Indian Penal Code, 1860 - Section 304B - Offence of Dowry death - Whether death of deceasedis unnatural – Appeal against Conviction - Whether the death of the deceased-Shreya Rani was caused due to harassment and cruelty caused by appellant/A1 in connection with demand for dowry, to attract ingredients of Section 304B IPC - Held, no doubt the prosecution has proved that deceased died an unnatural death and that appellant/A1 was responsible for dowry death of deceased, but it failed to give reasons, much less cogent and convincing reasons, for awarding the maximum punishment of life imprisonment prescribed under Section 304B of IPC - It is a fact that appellant/A1 is aged about 25 years as on date of subject offence and that his mother was suffering from blood pressure and father with heart ailment - Court below acquitted A2 and A3 of the offence - Court are of firm view that sentencing appellant/A1 to undergo imprisonment for seven years for offence charged against him i.e., Section 304B of IPC, would meet ends of justice - Criminal Appeal is allowed in part

JUDGMENT :

JUVVADI SRIDEVI, J.

This Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C’), is filed by the appellant/A1, aggrieved by the judgment, dated 13.10.2014, passed in S.C.No.313 of 2013 by the learned Sessions Judge, Nizamabad, whereby, the Court below convicted the appellant/A1 of the offence under Section 304B of IPC and sentenced him to undergo rigorous imprisonment for life.

2. We have heard the submissions of Sri T.Pradyumna Kumar Reddy, learned senior counsel, appearing for Sri P.Sriharinath, learned counsel for the appellant/A1, Sri C.Pratap Reddy, learned Public Prosecutor appearing for the respondent/State and perused the record.

3. The case of the prosecution, in brief, is as follows:

PW1-Surukutla Padma and PW2-Surukutla Shankar are mother and father respectively of Shreya Rani (the deceased) and residents of Rajeevnagar Colony, Dubba. The appellant/A1 and the deceased fell in love and got married at Hyderabad on 06.05.2011. It was an inter-caste marriage. Accused Nos.2 and 3 are the parents of the appellant/A1. The appellant/A1 and the deceased lived happily for six months along with A2 and A3 at Thula Complex, Dubba, Nizamabad. Thereafter, the appellant/A1, upon the instigation of accused Nos.2 and 3, asked the deceased to bring additional dowry amount from her parents. Therefore, the parents of the deceased gave Rs.1,50,000/- on different occasions and also purchased a motorcycle worth Rs.50,000/- on the demand made by appellant/A1. Dissatisfied with the same, accused Nos.1 to 3 demanded Rs.1,00,000/-more and harassed the deceased. About ten days prior to the subject incident, appellant/A1 beat the deceased when she failed to bring Rs.1,00,000/- and sent her to her parents' house. On 23.12.2012, appellant/A1 went to the house of the parents of the deceased and abused her in filthy language and warned that if she fails to give the amount demanded, he would not take her back to his house. Later, A3 came to the house of the parents’ of the deceased and took the deceased back to her marital house. A1 to A3 continued their harassment against the deceased due to which, the deceased, vexed with her life, consumed poison on the intervening night of 25/26.12.2012. A3 and the appellant/A1 brought the deceased to the house of PWs.1 and 2 and told them that the deceased was suffering from stomach ache and therefore, PW.1 and PW.2 took the deceased to Government Hospital, Nizamabad. While the deceased was being shifted to Shivasai Hospital, she took her last breath and died.

4. On 26.12.2012 at 11.00 hours, PW.1 lodged Ex.P1 report with Police, III Town Nizamabad. Basing on the said report, PW.8-Sub Inspector of Police registered a case in Crime No.314 of 2012 for the offence under Section 304B IPC and issued FIR under Ex.P10 and gave requisition to Tahsildar for conducting inquest over the dead body of the deceased. Since it is a case of death, PW.9-SDPO, Nizamabad, took up investigation of the case. PW.9 visited the scene of offence and got photographed the dead body of deceased. In the meantime, PW6-Tahsildhar, Nizamabad, visited the Government Hospital, Nizamabad, and examined blood relatives of the deceased. He also held inquest over the dead body of deceased in the presence of PW.5, LW.11-Neeradi Rajeshwar and LW.12-Paleti Laxmi. PW.7-doctor and LW.15-Dr.Shailaja, conducted post-mortem examination over the dead body of deceased and preserved viscera for transmission to Forensic Science Laboratory.

5. On 10.01.2013 at 11.00 hours, the appellant/A1 was arrested and produced before the Court for judicial remand. A2 and A3 obtained anticipatory bail. PW.7 and LW.15-Dr.Shailaja gave their final opinion after receipt of FSL report, mentioning that the cause of death of the deceased is due to ‘ingestion of organo phosphorous poison’. After completion of investigation, PW.9 filed charge sheet before the Magistrate concerned against the A1 to A3 for the offence under Section 304B I

            Click Here to Read the rest of this document
            1
            2
            3
            4
            5
            6
            7
            8
            9
            10
            11
            SupremeToday Portrait Ad
            supreme today icon
            logo-black

            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

            Please visit our Training & Support
            Center or Contact Us for assistance

            qr

            Scan Me!

            India’s Legal research and Law Firm App, Download now!

            For Daily Legal Updates, Join us on :

            whatsapp-icon Back to top