Telangana High Court
Baddrapuram Mahesh, Kukatpally vs The State Of A.P., Rep. Pp Through Sho, ... on 22 January, 2025
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No. 572 OF 2012
JUDGMENT:
The appellant/A1 filed the appeal aggrieved by the conviction
recorded by the V Additional District and Sessions Judge (FTC),
Ranga Reddy District, in S.C.No.241 of 2011, dt. 31.05.2012, for
the offence under Section 498-A of IPC.
2. Heard learned counsel for the appellant and learned
Assistant Public Prosecutor for the respondent-State.
3. The appellant/A1 and Accused No.2 were charge sheeted for
the offence under Section 304-B of the Indian Penal Code. The
learned Sessions Judge acquitted appellant and Accused No.2 for
the offence under Section 304-B of Indian Penal Code, however
convicted the appellant/A1 for the offence under Section
498-A of the Indian Penal Code.
4. Briefly, the facts of the case are that on 21.06.2010 at 10.00
p.m., the Inspector of Police, P.S Kukatpally (LW.12) received a
complaint from PW.1-complainant, resident of Rajendranagar,
wherein he stated that he performed his third daughter's marriage
i.e., Anjamma with A1, resident of Moosapet, Cyberabad, about six
years back. At the time of marriage, PW.1 gave Rs.30,000/-
(Rupees Thirty Thousand only) and two tulas of gold as dowry.
Anjamma was blessed with four children. Both the accused who
are husband and mother-in-law of Anjamma were harassing
Anjamma and beat her daily to bring additional dowry. For the
past one year their harassment increased. Further, A1 was
addicted to liquor and used to quarrel with Anjamma on petty
issues and beat her. After A1 goes out for work, A2 starts
harassing Anjamma to bring additional dowry and she also beats
Anjamma on that ground. It is further stated that the
complainant/PW.1 and his wife/PW.2 went to the residence of
accused, convinced both the accused not to harass Anjamma.
However, the accused did not change their attitude. On two or
three occasions Anjamma tried to commit suicide by taking
sleeping pills and pouring kerosene. PW.1 and PW.2 again went
and convinced the accused not to harass Anjamma. Due to the
harassment of accused one week prior to the incident, Anjamma
came to the house of the complainant, but PW.1 convinced her
and sent her back to the house of the accused along with his
son/PW.3. In front of PW.3, A1 beat Anjamma. On 21.06.2010 at
10.00 A.M., unable to bear the harassment of both the accused,
Anjamma poured Kerosene on her person and set herself ablaze.
Her neighbours noticed the same and admitted her in Gandhi
hospital and while undergoing treatment, Anjamma died on the
same day at about 5.20 p.m.
5. On the basis of the above complaint, a case in Crime No.696
of 2010 for the offence under Section 304-B of Indian Penal Code
was registered by LW.12-Inspector of Police and he handed over
the C.D file to PW.10. PW.10 accordingly conducted necessary
investigation. He got inquest held over the dead body of the
deceased by Tahasildar, Balanagar Mandal, referred the dead body
for postmortem examination. The medical officer conducted the
postmortem and opined that the deceased died due to
Hypovolemic shock due to burns. A1 was arrested on 02.07.2010
and was produced before the Court. A2 surrendered subsequently
before the Court. PW.10 seized incriminating material at the scene
of offence. On completion of investigation, he filed charge sheet.
6. The learned Additional District Judge examined PWs.1 to 10
and marked Exs.P1 to P8 and M.O.1 on behalf of the prosecution.
The learned Additional District Judge having considered the
evidence on record, convicted the appellant/A1 under Section
498-A of IPC while acquitting him under Section 304-B of the
Indian Penal Code.
7. Having gone through the record, the allegation of
harassment is made out. Conviction for the offence under Section
498-A Indian Penal Code needs no interference. PW.1, PW.2 and
PW.3 stated about deceased being beaten on a regular basis.
Though no specific details are given, however the witnesses have
stated that the appellant used to beat the deceased regularly.
However, keeping in view the situation of the appellant, having to
look after his aged mother and four children, this Court deems it
appropriate to reduce the sentence of imprisonment of three years
to the period already undergone by him.
8. Accordingly, Criminal Appeal is partly allowed. The bail
bonds shall stand discharged.
_________________
K.SURENDER, J
Date: 22.01.2025
tk
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No. 572 OF 2012
Date: 22.01.2025
tk
