D.Sai Baba, vs The State Of A.P., Rep By Pp., And ...
2023 Latest Caselaw 73 Tel

      THE HONOURABLE SRI JUSTICE K.SURENDER

       CRIMINAL REVISION CASE No.1404 OF 2007

ORDER:

The present Criminal Revision Case is filed under

Sections 397 and 401 of Code of Criminal Procedure (for short

'Cr.P.C.'), to set aside the order dated 04.10.2017 in Criminal

Appeal No.50 of 2005 passed by the Additional Metropolitan

Sessions Judge, Cyberabad, NTR Nagar, Hyderabad,

confirming the judgment dated 22.08.2005 passed in

C.C.No.902 of 1999 on the file of II Metropolitan Magistrate,

Cyberabad, Ranga Reddy District, Hyderabad.

2. The 2nd respondent who is the wife of petitioner filed a

complaint alleging that she was married to this petitioner on

04.12.1997 and dowry was also given. Thereafter, the

petitioner harassed for additional dowry. Unable to bear the

harassment, the 2nd respondent filed a criminal complaint.

The said complaint was registered for the offences under

Sections 498-A, 509, 324, 420 of Indian Penal Code (for short

"IPC") and Sections 3 and 6 of Dowry Prohibition Act. After

completion of investigation, charge sheet was filed for the said

offences vide C.C.No.902 of 1999. The learned II Metropolitan

Magistrate, Cyberabad, Ranga Reddy District, Hyderabad, on

consideration of the evidence of the witnesses i.e., PW1 to PW8

and marking Ex.P1 to Ex.P3 found that this petitioner and his

father(Accused No.2) guilty of the offence under Section 498-A

of IPC and sentenced this petitioner to six (06) months

imprisonment. However, keeping in view the condition of

Accused No.2, he was to sit in the Court till rising of the Court

as a special case. The petitioner preferred an appeal before

the Additional Metropolitan Sessions Judge, Cyberabad, NTR

Nagar, Hyderabad, vide Criminal Appeal No.50 of 2005 and

the learned Sessions Judge dismissed the appeal confirming

the judgement of the learned Magistrate.

3. Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the respondent-State.

Perused the record.

4. Learned counsel for the petitioner would submit that

several contradictions had crept into the evidences of

witnesses and all the said contradictions were not considered

by the court. However, he confined his prayer to reduce the

sentence of imprisonment.

5. The complaint is of the year 1998 and the petitioner has

undergone nearly 25 years of court proceedings. In the

present case, this court has directed the petitioner to

surrender before the trial court and after his surrender, this

court has granted bail to the petitioner on 24.10.2007. Since

the petitioner is aged above 60 years, this court deems it

appropriate to reduce the sentence of imprisonment to the

period already undergone for the offence under Section 498-A

of IPC would meet the ends of justice.

6. Accordingly, the Revision Case is partly allowed.

Miscellaneous Petitions, if any, pending, shall also stand

closed.

_________________ K. SURENDER, J Date: 05.01.2023 rev