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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J.SREENIVAS RAO
Vegeshana Venkata Kashi Viswanatha Raju, Hyd – Appellant
Versus
State Of Telangana, Rep. By P.P – Respondent
JUDGMENT:
J.SREENIVAS RAO, J.
This Criminal Appeal has been filed by the appellants/accused Nos.1 to 3 aggrieved by the judgment passed by the learned Metropolitan Sessions Judge, Cyberabad at L.B.Nagar, dated 25.11.2014, in S.C.No.671 of 2013, where under, the appellants were found guilty for the offence under Section 498-A of the INDIAN PENAL CODE , 1860 (for short 'IPC') and convicted and sentenced to suffer simple imprisonment for a period of three years and to pay fine of Rs.1,000/- by each of the appellant and in default, to suffer simple imprisonment for a period of one month each.
2. For the sake of convenience, the parties herein are referred to as they were arrayed before the trial Court.
3. The case of the prosecution in nutshell:
3.1. The de facto complainant lodged a complaint on 01.11.2009 stating that the marriage of his brother’s daughter, namely V. Kranti, was solemnized with accused No.1 on 03.05.2009. As V. Kranti was pursuing her B.Com final year at Eluru and accused No.1 was pursuing his B.Tech. final year at Hyderabad, they were living separately. V. Kranti used to visit her matrimonial home during festivals, holidays and other occasions. On 31.10.2009 at 7.30 A.M.
Conviction under Section 498-A IPC cannot stand on hearsay evidence alone; direct proof of sustained cruelty or harassment is essential.
The main legal point established in the judgment is that the prosecution must prove the intention of the accused to commit cruelty or abet suicide, and the evidence presented must be specific and cre....
The conviction under Sections 304B and 498A of the IPC was quashed due to insufficient evidence of dowry demand or cruelty, emphasizing the necessity of credible evidence for such serious charges.
The court found insufficient evidence to convict the husband under Section 498A for cruelty, emphasizing that the suicide note alone did not establish the required legal threshold.
The main legal point established in the judgment is that to convict an accused under Section 304-B IPC, the prosecution must prove that the deceased was subjected to cruelty or harassment in connecti....
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