Citation : 2025 Latest Caselaw 2759 Tel
Judgement Date : 4 March, 2025
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL APPEAL No.274 of 2025
ORAL JUDGMENT:
This appeal is filed by the appellant aggrieved by
the conviction and sentence dated 03.09.2024 imposed
in S.C.No.24 of 2014 on the file of the X Additional
District and Sessions Judge, RR.District, LB.Nagar. The
appellant was charged for the offences punishable under
Sections 302, 304-B, 201 of IPC and Sections 3 and 4 of
the Dowry Prohibition Act, 1961, and was found guilty
and sentenced for the offences punishable under
Sections 304-B, 201 of IPC and Sections 3 and 4 of DP
Act. However, there was no finding with regard to the
offence punishable under Section 302 of IPC.
2. Heard Sri Vadeendra Joshi, learned counsel for
the appellant and learned Additional Public Prosecutor
for the respondent-State.
3. The main contention of learned counsel for
appellant is that though the charges framed against the
appellant were under Sections 302, 304-B, 201 of IPC
and Sections 3 and 4 of DP Act, he was convicted and
sentenced only for the offences punishable under
Sections 04-B, 201 of IPC and Sections 3 and 4 of DP
Act, and that there was absolutely no discussion or
finding pertaining to Section 302 of IPC. As such, prayed
this Court to allow this criminal appeal, setting aside the
impugned judgment.
4. On going through the record, it is noted that
though the trial Court has framed charges, mentioned
Section 302 of IPC in the points to be determined, the
same is not discussed and no finding is given in this
regard. It is needless to observe that the trial Court has
to decide every charge and give finding to every charge.
However, considering the circumstances of the case on
hand, and the fact that there is no finding regarding
Sections 302 of IPC, without going into the merits of the
case, this Criminal Appeal is allowed, and the conviction
and sentence dated 03.09.2024 imposed in S.C.No.24 of
2014 against the appellant is set aside and the matter is
remanded to the trial Court for deciding all the aspects
after hearing both parties. Both the parties are directed
to co-operate with the trial Court for early disposal of the
matter.
Miscellaneous applications, if any pending, shall
stand closed.
______________ K. SUJANA, J
Date: 04.03.2025 Note: Issue C.C., by 05.03.2025.
B/o.
PT
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