Criminal Appeal by the husband (A-2) of a convicted woman filed under Section 201 IPC. Court allowed appeal quoting its own previous judgment setting aside wife's conviction. Appellant acquitted and set at liberty.
Impugned judgment of conviction set aside; appellant acquitted and set at liberty.
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THE HON’BLE SRI JUSTICE B.N. RAO NALLA CRIMINAL APPEAL No.947 OF 2004
JUDGMENT:
This appeal was admitted on 22-04-2004. Thereafter it came up for hearing on 10-11-2010 and on that day as there was no representation on behalf of the appellant – A-2, it was adjourned to 07-12-2010 and accordingly it was adjourned on 07-12-2010, 01-032011 and 07-03-2011. Again on 14-03-2011 also, as none appeared for the appellant and as there was no representation on his behalf, the matter was directed to be listed today under the caption “for dismissal”.
2. Today also, In spite of the matter being listed under the caption “for dismissal”, none appeared for the appellant and there is no representation on his behalf.
3. In the circumstances, it is thought appropriate to dispose of the matter on merits.
4. While perusing the material on record, it is found that Criminal Appeal No.229 of 2004 preferred by A-1 was allowed by a Division Bench of this Court vide judgment dated 18-07-2006 setting aside the impugned judgment of conviction and sentence imposed on her (A-1) by the trial Court for the offence under Section 302 IPC and acquitting her for the same.
5. The present appeal preferred by A-2 and the appeal in Criminal Appeal No.229 of 2004 preferred by A-1 arose out of the judgment in S.C. No.38 of 2001 dated 31-12-2003 passed by the
learned III Additional Metropolitan sessions Judge, Hyderabad, whereby A-1 was convicted for the offence under Section 302 IPC and A-2 was convicted for the offence under Section 201 IPC. Further, it appears that
A-2 (the appellant herein) is husband of A-1 (appellant in Criminal Appeal No.229 of 2004).
6. A perusal of the material on record shows that the judgment rendered in Criminal Appeal No.229 of 2004 dated 18-07-2006 covers the issues involved in this appeal since the subject matter in both the appeals is one and the same. In the circumstances, this Court is of the view that this appeal is liable to be allowed in terms of the judgment of the Division Bench referred, supra.
7. In the result, following the judgment in Criminal Appeal No.229 of 2004 dated 18-07-2006 of a Division Bench of this Court, this Criminal Appeal is allowed in terms thereof and the impugned judgment of conviction and sentence imposed on the appellant (A-2) by the learned III Additional Metropolitan Sessions Judge, Hyderabad in
S.C. No.38 of 2001 dated 31-12-2003 for the offence under Section 201 IPC is set aside and he is acquitted of the same. The appellant shall be set at liberty forthwith, if he is not required in any other criminal case. The judgment in Criminal Appeal No.229 of 2004 dated 18-07-2006 shall form part of the record.
__________________ B.N. RAO NALLA, J
March 16, 2011. PV
3 issues framed by the court
Whether Criminal Appeal No.947 of 2004 preferred by A-2 be allowed in view of the judgment in Criminal Appeal No.229 of 2004 quashing the conviction of the appellant's wife.
Whether the appellant be granted acquittal and liberty.
Whether the judgment in Criminal Appeal No.229 of 2004 be read as part of the record of the present appeal.
Colour shows how this judgement treated each authority
Criminal Appeal No.229 of 2004Followed¶6
1 provisions across 1 enactments
A-2
B.N. Rao Nalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
