Telangana High Court
CRLA/554/2007 of Komaravalli Raju , Davidraju, Vs The State of Andhra Pradesh, on 30 December 2013
SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.554 of 2007 JUDGMENT: This Criminal Appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’), is directed against the judgment dated 02.05.2007 passed in S.C.No.213 of 2004 by the Sessions Judge,
THE HONOURABLE SRI JUSTICE RAJA ELANGOCRIMINAL APPEAL No.554 of 2007
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JUDGMENT:
This Criminal Appeal, under Section 374 (2) of the Code ofCriminal Procedure, 1973 (for short ‘Cr.P.C’), is directed against thejudgment dated 02.05.2007 passed in S.C.No.213 of 2004 by theSessions Judge, Mahila Court, Vijayawada (for short ‘the trial Court’),whereby the appellant herein was convicted and sentenced toundergo rigorous imprisonment for two years and also to pay a fine ofRs.2000/-, for the offence under Section 498-A IPC; in default to suffersimple imprisonment for three months.
Heard. Perused the entire material on record.
The case of the prosecution is that on 01.04.12004, thedeceased, who is the wife of the appellant herein, committed suicideby pouring kerosene on her person and also poured kerosene on hertwo sons at their house and her younger son, also suffered burninjuries whereas her elder son escaped from the house. Thedeceased died while shifting her to the Government General Hospital,Vijayawada and her younger son died on 02.04.2004 in the hospital. The allegation against the appellant herein is that he, havingdeveloped illegal intimacy with another lady, began harassing thedeceased and that when the deceased demanded him to discard thesaid illegal contact, he beat the deceased and that on 31.0.3004 and01.04.2004, the accused quarreled with the deceased and asked herto die and as a result of the same, the deceased committed suicide. Hence, the case.
After taking cognizance of the charge sheet filed by theinvestigation agency after due investigation in P.R.C.No.57 of 2004,the learned II Additional Chief Metropolitan Magistrate, Vijayawada committed the case to the Court of Sessions. Subsequently, the said case was made over to the trial Court for disposal in accordance withlaw.
The learned trial Judge framed charges under Sections 498-Aand 306 of Indian Penal Code (in short ‘IPC’) wherein the appellantdenied the offences, pleaded not guilty and claimed to be tried. Prosecution got examined PWs 1 to 19 and marked Exs.P.1 to P.25and MOs 1 to 4 for proving the guilt of the accused.
After scrutinizing the entire oral as well as documentaryevidence, the learned trial Judge found the sole appellant guilty for theoffence under Section 498-A IPC and convicted him as stated above. Aggrieved over the same, accused filed the present appeal.
The learned Sessions Judge, on the basis of the evidence givenby the relatives of the deceased, had acquitted the accused as far asthe offence under Section 306 IPC while convicting for an offenceunder Section 498-A IPC. Most of the witnesses in this case turnedhostile and they have not supported the case of the prosecution. Theonly evidence available on record is that of the father, mother and oneof the relative of the deceased saying that because of the illicitintimacy of the appellant with another lady, the occurrence took place. Whereas, PW.1 who is one of the son of the appellant and deceasedexamined before the Court introduces a new theory. According to hisevidence, the occurrence took place while the deceased was pumpingthe kerosene stove, in which the deceased and one of her sonsustained burn injuries. It is to be noticed that the said witness was nottreated as hostile by the prosecution. The said evidence is on recordwithout any contradiction elicited by the prosecution. Further, theentire occurrence took place according to the prosecution because ofthe illicit intimacy. The same was not proved by any of the witnessesexcept some bald allegation by the relatives. Except one of the witnesses, none other mentioned the name of the lady with whom theaccused/appellant is having illicit intimacy, in the absence of which, itis highly unsafe to convict the accused. Hence, this Court is of theopinion that the accused is entitled for acquittal.
Conclusion
Accordingly, the Criminal Appeal is allowed and the convictionand sentence imposed on the appellant by the trial Court inS.C.No.213 of 2004 is hereby set aside and the appellant is acquittedof the charges leveled against him. Fine amount paid by the appellantshall be returned to him.
Miscellaneous petitions pending in this appeal, if any, shallstand closed.
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JUSTICE RAJA ELANGO
30–12- 2013.PNV