Mallarapu Venkateswaralu vs State Of Ap,. Rep.By Its P.P
2023 Latest Caselaw 2678 Tel

              THE HON'BLE SRI JUSTICE E.V.VENUGOPAL

              CRIMINAL REVISION CASE No.1418 OF 2011

ORDER:

1 Heard Sri P.Vamsheedhar Reddy, learned counsel for the petitioner

and Sri Vizarath Ali, learned Assistant Public Prosecutor appearing for the

State.

2 This criminal revision case is filed challenging the judgment dated

22.09.2009 passed in Crl.A.No.158 of 2008 on the file of the Court of the

Judge, Family Court-cum-Additional Sessions Judge, Khammam, whereby

the learned Additional Sessions Judge dismissed the appeal confirming

the judgement dated 04.11.2008 passed in S.C.No.83 of 2008 on the file

of the Court of the learned Assistant Sessions Judge, Khammam wherein

the petitioner was found guilty of the offence under Sections 498-A and

306 of IPC and was sentenced to undergo rigorous imprisonment for a

period of three years and seven years for the respective offences.

3 The facts, in brief, as unfolded from the case of the prosecution,

are that the marriage of one Seetha, hereinafter referred to as 'the

deceased', was performed with the petitioner about 15 years prior to the

date of the death of the deceased. The petitioner and the deceased lived

happily for some time and they were blessed with two children out of

their lawful wedlock. For the last five years, the petitioner having

addicted to vices started harassing the deceased not only mentally but

also physically. The deceased informed the same to P.W.1 and also to

her brothers, who warned the petitioner. However, as there was no

change in the attitude of the petitioner, a panchayat was held before

P.Ws.8 and 9, which went in vain. While so, on 23.01.2006 evening the

petitioner beat the deceased indiscriminately in drunken state. As she

was unable to bear with the torture left the house and jumped into a

well. Her dead body was traced on 25.01.2006. On the complaint given

by PW.1, the brother of the deceased, a case in Cr.No.8 of 2006 was

registered by Madhira police and investigated into and after completion of

investigation the police laid charge sheet against the petitioner for the

offences under Sections 498-A and 306 of IPC.

4 The petitioner was tried for the offences under Sections 498-A and

306 of IPC. During the course of trial, the prosecution examined P.Ws.1

to 14 and got marked EXs.P.1 to P.17. Though no oral evidence was

adduced, Exs.D.1 and D.2 were marked on behalf of defence.

5 The trial Court, after appreciating the oral and documentary

evidence available on record, found the petitioner guilty of the offences

punishable under Sections 498-A and 306 of IPC and accordingly

convicted and sentenced him to suffer rigorous imprisonment for three

years and shall pay fine of Rs.500/-, in default, to suffer simple

imprisonment for one month for the offence under Section 498-A IPC and

further sentenced him to suffer rigorous imprisonment for seven years

and also to pay fine of Rs.1,000/-, in default, to suffer simple

imprisonment for two months for the offence under Section 306 IPC.

Aggrieved by judgment dated 04.11.2008 of the learned trial Court, the

petitioner preferred Criminal Appeal No.158 of 2008 on the file of the

Court of the Judge, Family Court-cum-Additional Sessions Judge,

Khammam, which was dismissed by judgment dated 22.06.2009. Hence

the present criminal revision case.

6 As seen from the record, P.Ws.1, 3, 4 and 6 who are brothers of

the deceased and P.W.5 who is sister of the deceased have deposed

about the harassment meted out by the petitioner towards the deceased.

However, P.W.2 the son of the deceased and the petitioner as well as the

mediators have turned hostile to the case of the prosecution. The

evidence of P.W.3 goes to show that the petitioner having addicted to

vices used to beat the deceased and that the deceased also used to

inform them about the harassment of the petitioner. His evidence also

goes to show that all the brothers admonished the petitioner but the

petitioner did not mend his attitude. P.W.7 the sister of the deceased

and resident of the same village deposed that she witnessed when the

petitioner beat the deceased on three or four times and the deceased

also used to inform her about the harassment and that the deceased died

due to the harassment of the petitioner. As it was a family dispute,

naturally the victim will inform the matter to her family members. But

simply because the mediators turned hostile, the entire prosecution case

cannot be brushed aside. Therefore, the contention of the learned

counsel for the petitioner that the independent witnesses have turned

hostile has no legs to stand.

7 The evidence on record categorically discloses that during the

lifetime of the deceased, the petitioner harassed her by beating her

indiscriminately under the influence of alcohol, which drove the deceased

to commit suicide. Both the courts below have categorically held that the

petitioner is guilty of the charged offences, which in my considered view,

does not warrant interference of this court in exercise of revisional

jurisdiction under Sections 397 and 401 Cr.P.C and accordingly this

criminal revision case is liable to be dismissed.

8 Coming to the quantum of sentence, the offence is of the

year 2006. After pronouncement of the judgement by the

appellate Court he was lodged in prison for about two years and

two weeks i.e. from 22.06.2009 to 06.07.2011.

9 Since the offence was of the year 2006 and since the

petitioner was already in jail for about two years and two weeks

this court is inclined to take a lenient view insofar as the period

of sentence is concerned.

10 Therefore, the sentence of imprisonment imposed on the

petitioner by the courts below is reduced to that of the period

which he has already undergone.

11 Except the above modification, the criminal revision case,

in all other aspects, is dismissed. Miscellaneous petitions if any

pending in this criminal petition shall also stand dismissed.

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E.V.VENUGOPAL, J.

Date: 23.09.2023 Kvsn