ANDHRA PRADESH HIGH COURT
A. V. Ravindra Babu, J.
A - 1 – Appellant
Versus
State – Respondent
Criminal Appeal | S.C. No.103 of 2007
| Table of Content |
|---|
| 1. overview of the appeal and accusations (Para 1 , 2 , 3) |
| 2. details of the incident and trial proceedings (Para 4 , 5 , 6 , 7 , 8) |
| 3. arguments of the appellant regarding the conviction (Para 10 , 12 , 13) |
| 4. witness testimonies and their relevance (Para 14 , 15 , 16) |
| 5. court's decision and order (Para 52 , 53 , 54) |
1. This Criminal Appeal, under S.374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C'), is filed by the appellant, who was the accused No.1 in Sessions Case No.103 of 2007, on the file of the Court of IV Additional District and Sessions Judge (Fast Track Court), Nellore (for short, 'the learned Additional Sessions Judge'), challenging the judgment, dated 23.05.2009, where under the learned Additional Sessions Judge found the appellant guilty of the charges under S.498 - A and 304 - B of the Indian Penal Code, 1860 (for short, 'the IPC '), questioned him about the quantum of sentence, and thereafter sentenced him to suffer Rigorous Imprisonment for one (1) year and to pay a fine of Rs.1,000/- in default to suffer Simple Imprisonment for three months for the charge under S.498 - A, and sentenced him to suffer Rigorous Imprisonment for seven (7) years and to pay a fine of Rs.3,000/- in default to suffer Simple Imprisonment for six months for the charge under S.304 - B, . By the same judgment, the learned Additional Sessions Judge found accused Nos.2 and 3 not guilty of the charges under S.498 - A and 304 - B, and acquitted them under S.235(1), Cr.P.C.
2. The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.
3. The Sessions Case No.103 of 2007 arose out of PRC No.92 of 2006 on the file of the Court of IV Additional Judicial Magistrate of First Class, Nellore (for short, 'the learned Magistrate') pertaining to Crime No.16 of 2006 of Nellore Rural Police Station.
4. The case of the prosecution, in brief, according to the averments in the charge sheet, filed by the Sub-Divisional Police Officer, Nellore Rural Sub-Division, Nellore in the above Crime, is as follows:
A - 1 is resident of II Street, Harinathapuram, Nellore. A - 2 and A - 3 are the residents of Kota of Nellore District. A - 1 is the son of A - 2 and A - 3, who are the husband and wife. The deceased by name Sarangam Anuradha was resident of Harinathapuram at the time of her death. She is the wife of A - 1 and daughter - in - law of A - 2 and A - 3. She was subjected to dowry harassment by A - 1 to A - 3 prior to her death. She died on 22.01.2006 at 11:00 a.m. by jumping and drowning in Penna River near Venkateswarapuram, outskirts area of Nellore City. LW.1 - Mandava Rani, resident of Nellore Town and Corporator of 1st Division, is the de - facto complainant.
LW.6 - K. Ravindra Babu and LW.7 - K. Sujatha belonged to Gundalammapalem of Kodavalur Mandal in Nellore District and they settled at Hyderabad doing the job of plying Auto. They have one son i.e., LW.8 - K. Raja Sekhar and one daughter i.e., the deceased by name Anuradha. They performed the marriage of their deceased daughter with A - 1 on 28.01.2004 in D.N.R. Community Hall of Gudur Town in the presence of A - 2, A - 3 and others. On demand made by all the accused, they gave them dowry of Rs.60,000/- and 14 sovereigns of gold. A cash of Rs.15,000/- was also paid to the accused towards household articles. LW.11 - P. Ramesh Babu and LW.12 - Sarangam Anjani Kumar settled the said marriage. After marriage, the deceased joined with A - 1. Both A - 1 and the deceased were residing in a rented house in Harinathapuram of Nellore along with A - 2 and A - 3 and their daughter. Three or four months subsequent to the marriage, A - 1 to A - 3 started demanding the deceased to get additional dowry from her parents. They subjected her to harassment mentally and physically for more dowry. Deceased used to reveal the same to LWs.6 and 7, her parents, and LW.8, her brother, whenever she visited her paren
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