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Jukanti Vijay Kumar Reddy vs State Of Telangana
2025 Latest Caselaw 4744 Tel

Citation : 2025 Latest Caselaw 4744 Tel
Judgement Date : 10 April, 2025

Telangana High Court

Jukanti Vijay Kumar Reddy vs State Of Telangana on 10 April, 2025

           THE HONOURABLE SRI JUSTICE K.SURENDER
                                  AND
       THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL
               CRIMINAL APPEAL No.1800 of 2018

JUDGMENT:

(per The Hon'ble Sri Justice K.SURENDER)

This appeal is filed by the appellant/accused, aggrieved by the

conviction recorded by the Judge, Family Court-cum-Additional

Sessions Judge, Nizamabad, in SC.No.209 of 2016 dated

30.12.2017, convicting the accused for the offence under Section

304-B of IPC and sentencing him to undergo Life Imprisonment.

2. Heard learned counsel for the appellant and Sri Arun Kumar

Dodla, learned Additional Public Prosecutor, Sri M.Vivekananda

Reddy, learned Assistant Public Prosecutor appearing for the

respondent-State.

3. The appellant was charge-sheeted for the offences under

Sections 302 and 304 (B) of IPC.

4. The learned Sessions Judge found that the death was suicidal

and accordingly acquitted the appellant under Section 302 of IPC.

5. The case of the prosecution is that the appellant, Jukanti

Vijay Kumar Reddy of Panakati Kapu caste, married Gadde

Hemalatha, the deceased, around three years prior to the incident,

and their marriage was an inter-caste marriage. They led their

marital life happily for some days at Ugravai Village, and later, due

to financial problems, they shifted the family to Kamareddy, where

they used to quarrel now and then. The accused used to force the

deceased to get money from her mother, but she disclosed the

poverty of her mother, and her mother was helpless. The spouses

did not have children. The accused decided to do away with the life

of the deceased so that he could marry another woman, take dowry

from her, and get rid of his financial problems. Thus, as per his

plan, on 10.08.2014, the appellant picked up a quarrel with the

deceased, made her lie on the bed, sat on her abdomen, and

throttled her to death. On information of her lying without

movement, on 10.08.2014 at 4.30 p.m, PW.1, Gadde Bhagya,

mother of the deceased, lodged Ex.P1 report with the police of

Kamareddy town Police Station about the incident.

6. The Police investigated the case, arrested the accused, and

filed a charge sheet under Sections 302 and 304-B of IPC.

7. Learned Counsel for the appellant had raised several grounds

regarding the contradictions between the statements of the

witnesses. Learned Counsel further argued that the alleged

allegations of demand for additional dowry are not proximate to the

death of the deceased. In the absence of the prosecution proving

that there was a demand for additional dowry and consequently, the

deceased was harassed, the question of conviction under Section

304-B of IPC does not arise.

8. Alternatively, the counsel submits that the appellant had

undergone 7 years of imprisonment and prays to reduce the

sentence of imprisonment to the minimum sentence of 7 years.

9. Having gone through the evidence, it is the case of PW.1-

mother of the deceased that the appellant used to harass the

deceased in a drunken condition. The deceased did not have any

children. After shifting to Kamareddy, the appellant started

demanding additional dowry, for which reason Rs.20,000/- and

Rs.30,000/- were given. Though the said amounts were given, the

appellant continued to harass the deceased.

10. The evidence of harassment by the appellant, though narrated

as an omnibus allegation of beating the deceased in a drunken

condition, however, the allegation is in proximity with the death of

the deceased.

11. In the said circumstances, while confirming the conviction, we

deem it appropriate to reduce the sentence of imprisonment to

seven years.

12. Accordingly, Criminal Appeal is partly allowed. Since the

appellant had undergone seven years imprisonment, he shall be

released forthwith if not required in any other case.

__________________ K.SURENDER, J

_____________________ E.V.VENUGOPAL, J Date: 10.04.2025 tk

 
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