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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.SAM KOSHY, N.TUKARAMJI
Mogulla Parsharam Parsharamulu – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
N. Tukaramji, J.
1. This appeal has been directed against the judgment of conviction and sentence dated 25.04.2023 in Sessions Case No.407 of 2018 passed by the Principal Sessions Judge, Karimnagar.
2. We have heard Mr. P. Prabhaker Reddy, learned Counsel for appellant and Mr. M.Ramchandra Reddy, learned Additional Public Prosecutor for the respondent-State.
3. In the impugned judgment, the appellant/accused (hereinafter referred to as "the accused") was convicted and sentenced as follows: For the offence under Section 3 of the Dowry Prohibition Act (“DP Act”), the accused was sentenced to five years’ imprisonment and a fine of Rs.15,000/-, with a default sentence of six months’ simple imprisonment. For the offence under Section 4 of the DP Act, the accused received one year of rigorous imprisonment and a fine of Rs.1,000/- with a default sentence of one month’s simple imprisonment. Additionally, for the offence under Section 302 of the Indian Penal Code, 1860 (“IPC”) the accused was sentenced to imprisonment for the remainder of his natural life and a fine of Rs.1,000/-, with a default sentence of one month’s simple imprisonment.
4...........
(a) The prosecution’s case, in
The prosecution must establish guilt beyond reasonable doubt; insufficient evidence led to the acquittal of the accused for murder while confirming convictions for dowry offences.
The court emphasized the importance of circumstantial evidence, the burden of proof on the accused, and the admissibility of statements of the deceased under Section 32 of the Evidence Act.
Persistent dowry demands and cruel treatment resulted in the presumption of guilt for murder; circumstantial evidence and statutory presumptions under Section 113-B of the Evidence Act applied.
The court established the necessity of circumstantial evidence in dowry death cases, affirming convictions for dowry-related offenses but reversing a murder conviction due to insufficient direct evid....
The main legal point established in the judgment is the requirement for a complete and conclusive chain of evidence in cases of circumstantial evidence, the importance of proper appreciation of evide....
(1) In order to constitute offence under Section 498A of IPC, prosecution has to establish that accused treated deceased with cruelty.(2) It is duty of Court while considering evidence to separate gr....
The judgment establishes the application of key legal provisions such as Section 304B and 498A of the Indian Penal Code, Section 4 of the Dowry Prohibition Act, and the presumption under Section 113B....
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