Sarangi Kishore Kumar v. The State Of A.P., Through Sho., Hyd.

13251 ) NOTE : The AppellanU Accused was directed to be released on bail by the order of the High Court dated 21-12-2012 in Crl.A.lvl.P.No.2643 of 2012 in Crl.A.No,1252 of

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD IUONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No: 1252 of 2012 Appeal under Section 37aQ) ot Cr.P.C aggrieved by the Judgment dated 30-11-2012 passed in S.C.No.244 of 2009 on the file of the Court of the Additional District and Sessions Judge, Wanaparthy. Between:

Sarangi Kishore Kumar, S/o.Raghunath, Age:33 years, Occ:Teacher R/o.H.No.14-18l4, Rajendra Nagar, Mahabubnagar town & District. ...Ap pella nUAccused No.1 AND The State of Andhra Pradesh, through the SHO, Police Station Pedda Mandadi rep. by the Public Prosecutor, High Court of A.P,, Hyderabad. ... Res po n d en UC o m p la ina nt Counsel for the Appellant: Mr. K. Venkatesh Gupta Counsel for the Respondent: Sri M. Vivekananda Reddy, Assistant Public Prosecutor The Court delivered the following: JUDGMENT

HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.1252 OF 2Ol2 JUDGMENT:

1 .

The appellant/A 1 was tried along with A2 for the offence under Section 3O4-B and Section 498-A of IPC. l,earned Sessions Judge acquitted the appeliant under Section 304-B IPC but convicted under Section 498-A of IPC vide judgment in S.C.No.244 of 2O09, dated 3A.lL.2Ol2 passed by the Additional District & Sessions Judge, Wanaparthy. A2 was acquitted under both Sections 3O4-B and 498-A of IPC.

2.

The State has not preferred any appeal against the acquittal of A2 and acquittal of the appellant under Section 304-8 of IPC 3.

The case of the prosecution is that the appellant is the husband of the deceased namely Kavitha. The Accused No.2 is the mother of the appellant. The marriage of the appellant with the deceased had taken place on 17.O3.2OO2. After six years, i.e., on 2O.O9.2OOB, the deceased I I t I died.

4.

The allegation is that the appellant used to demand for additional dowqr. The deceased in turn informed about demand of additional dowry to her parents P.Ws.l and, 2. The witnesses during the course of their

cross-examination admitted that they are not direct witnesses to the alleged demand of dowry and harassment. Accordingly, the requirement of Section 304-8 of IPC that the harassment for demanding additional dowry should be proximate to the death, was not proved. 5.

However, the allegation of asking for additional dowry and harassing the deceased was consistent, as deposed by P.Ws.1 to 5. 6.

Learned counsel appearing for the appellant confined his argument to reduce the sentence of imprisonment since the incident is of the year 2008 and nearly 17 years have passed by.

7.

Keeping in view the sentence imposed by the learned Sessions Judge, the sentence of imprisonment of three years under Section 498-A IPC, is reduced to the period already undergone by the appellant. The fine component remains unaltered.

8.

Accordingly, Criminal Appeai is partly allowed. Sd/- C.V. MALIKARJUNA VARMA .

JOINT REGISTRAR /iTRUE COPY// ECTION OFFICER To, ,l The Additional Dlstrict and Sessions Judge, Wanaparthy.(With records, if a ny) The Judicial Magistrate of First Class, Wanaparthy. The Station House Officer, Peddamandadi police Station, Wanaparthy. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT] One CC to Mr. K. Venkatesh Gupta, Advocate [OpUC] Two CD Copies ty r, kam/DL

HIGH COURT DATED:1710212025

JUDGMENT

$u STA f c J(r CRLA.No.1252 of 2012 o 3 0 APt\ 20[ Tza -L I I 0Sspa'rc * * PARTLY ALL.OWING THE CRIMINAL APPEAL o ilq