Sarangi Kishore Kumar vs The State Of A.P., Through Sho., Hyd.
2025 Latest Caselaw 2230 Tel

Telangana High Court

Sarangi Kishore Kumar vs The State Of A.P., Through Sho., Hyd. on 17 February, 2025

                   HON'BLE SRI JUSTICE K.SURENDER

                   CRIMINAL APPEAL No.1252 OF 2012
JUDGMENT:

1. The appellant/A1 was tried along with A2 for the offence under

Section 304-B and Section 498-A of IPC. Learned Sessions Judge

acquitted the appellant under Section 304-B IPC but convicted under

Section 498-A of IPC vide judgment in S.C.No.244 of 2009, dated

30.11.2012 passed by the Additional District & Sessions Judge,

Wanaparthy. A2 was acquitted under both Sections 304-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-B 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 17.03.2002. After six years, i.e., on 20.09.2008, the deceased

died.

4. The allegation is that the appellant used to demand for additional

dowry. The deceased in turn informed about demand of additional dowry

to her parents P.Ws.1 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-B 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 six months is reduced to the

period already undergone by the appellant. The fine component remains

unaltered.

8. Accordingly, Criminal Appeal is partly allowed.

__________________ K.SURENDER, J Date: 17.02.2025 kvs