APHC010228472020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3368]

(Special Original Jurisdiction)

THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL No: 395/2020 Between:

1. VATTIKUTI SURYA SANKARARAO@CHAKRARAO,, S/O NAGESWARARAO AGE 28 YEAR D.NO.21-1-3/1, OPP.GANGUMALLAVARI STREET, WRAD NO.10, VELLA VILLAGE, RAMACHANDRAPURAM MANDAL, E.G.DIST, NOW IN CENTRAL PRISON, RAJAMAHENDRAVARAM, C.T.NO.8204 ...APPELLANT AND

1. THE STATE OF A P, REP.BY ITS SUB DIVISIONAL POLICE OFFICER, RAMACHANDRAPURAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT, AMARAVATHI ...RESPONDENT Appeal under Section 372/374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to memorandum of appeal against the order passed in S.C.No.226 of 2019, dt.18-02-2020, on the file of the Principal District and Sessions Judge, East Godavari District, at Rajamahendravaram, sentencing the appellant herein to undergo simple imprisonment for 10 years and fine of Rs.500/- in default to undergo S.I. for two months for the offence under section 304-B, IPC, to undergo simple imprisonment for 5(five) years and fine of Rs.15,000/- in default to suffer simple imprisonment for 3months, for the offence under section 3 of Dowry Prohibition Act, and to undergo simple imprisonment for one year and fine of Rs.200/- in default to undergo S.I. for 2 months, for the offence under section 4 of D.P.Act, IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To grant the bail, by suspending the operation of the judgment in S.C.No.226/2019, dt.18-02-2020, on the file of the Principal District & Sessions Judge, East Godavari at Rajamahendravaram, pending disposal of the CRL.A., and pass Counsel for the Appellant:

1. D KASIM SAHEB

2. LEGAL AID Counsel for the Respondent:

1. PUBLIC PROSECUTOR (AP) The Court made the following:

THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL No:395 OF 2020

J U D G M E N T:

Heard Sri D.Kasim Saheb, learned Legal Aid Counsel for the appellant and Sri A.Sai Rohith, learned Assistant Public Prosecutor representing the State.

2. The appeal is preferred challenging the judgment dated 18.02.2020 in Sessions Case No.226 of 2019 on the file of the Principal District and Sessions Judge, East Godavari at Rajamahendravaram. The appellant was convicted for the offence under Section 304-B of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961 (for short „the D.P.Act‟). The appellant was sentenced to suffer simple imprisonment for a period of ten (10) years and to pay fine of Rs.500/- (Rupees Five Hundred Only), in default to undergo simple imprisonment for a period of two (02) months for the offence under Section 304-B of IPC: the appellant is also sentenced to suffer simple imprisonment for a period of five (05) years and to pay fine of Rs.15,000/-(Rupees Fifteen Thousand Only), in default to undergo simple imprisonment for a period of three (03) months for the offence under Section 3 of „the D.P.Act‟: the appellant was also sentenced to suffer simple imprisonment for a period of one (01) year and to pay fine of Rs.200/- (Rupees Two Hundred Only) in default to undergo simple imprisonment for a period of two (02) months for the offence under Section 4 of „the D.P.Act‟.

CASE OF THE PROSECUTION

3. The case of the prosecution is that the marriage of the appellant and Manikyamba @ Devi (hereinafter referred to as „deceased‟) the second daughter of P.W.1 was performed on 17.05.2017 at Vella Village. The parents of the deceased presented Rs.2,00,000/- (Rupees Two Lakhs Only), gold and a house portion etc., towards dowry to the appellant. The deceased joined the appellant at Vella Village. They lead marital life for some time at Vella Village. Later, the appellant started harassing the deceased demanding additional dowry. The appellant used to beat the deceased