Allowed

Polubothu Ravi Sankar v. State of A.P.

Telangana HC15 Nov 2012CRLA/1488/2005

Case brief

AI extract

What is this about?

The court set aside the conviction under Section 306 IPC due to insufficient evidence linking the appellant to the suicide, while confirming the conviction under Section 498A IPC. The sentence for 498A was reduced to the period already undergone.

What did the court decide?

Conviction under Section 306 IPC set aside; conviction under Section 498A IPC confirmed; sentence for 498A reduced to time already undergone.

Polubothu Ravi Sankar Vs State of A.P. — Dowry and Cruelty | Telangana HC (2012)

¶1

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1488 OF 2005

¶2

DATED 15^th NOVEMBER, 2012.

¶3

BETWEEN :

¶4

P.Ravi Sankar

¶5

.. Appellant-accused and

¶6

State of A.P.

¶7

..Respondent

¶8

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1488 OF 2005

¶9

JUDGMENT:

¶10

This Criminal Appeal is filed under Section 374 (2) of the Code of Criminal Procedure (for short ‘Cr.P.C.’) by the appellant-accused challenging the judgment, dated 21.09.2005 rendered in Sessions Case No.59 of 2003 whereby the Sessions Judge, Mahila Court, Visakhapatnam, acquitted the appellant for an offence punishable under Section 304B IPC and convicted him under Section 235 (2) Cr.P.C. and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.2,000/- for the offence punishable under Section 306 IPC and also to undergo rigorous imprisonment for three years and also to pay a fine of Rs.1,000/- for the offence punishable under Section 498A IPC.

¶11

Case of the Prosecution, in brief, is that on 06.05.2001 the marriage of the deceased was performed with appellant herein and thereafter they both lived happily for sometime. Later, appellant being addicted to bad vices started neglecting the deceased and beating her suspecting her fidelity. Further, on 18.12.2001 in the evening hours appellant herein beat the deceased at the house of her sister, due to which having vexed with her life, the deceased committed suicide by hanging herself. Hence, the case.

¶12

After investigating into the complaint lodged by the complainant, police registered a case and after due investigation they filed charge sheet against the appellants herein for the offence punishable under Sections 498A and 306 of Indian Penal Code and after taking cognizance of the same, the learned II Metropolitan Magistrate, Hyderabad, in P.R.C.No.16 of 2002 committed the case to the Court of Sessions and the same was made over to the Court of Sessions Judge, Mahila Court, Hyderabad, for disposal in accordance with law.

¶13

When charge under Sections 498A, 306 and 304B IPC were framed, accused denied the offence. Prosecution examined PWs 1 to 10 and got marked Exs.P.1 to P.22 and also MO.1 in order to bring home the guilt of the accused. On behalf of the accused, though no oral evidence was adduced, Exs.D.1 to D.5 were marked. After appreciating the entire oral and documentary evidence, the learned trial Judge by impugned judgment convicted the appellant as stated above. Aggrieved over the same, present appeal has been filed.

¶14

This Court perused the entire evidence available on record and also heard the arguments.

¶15

The entire case can be decided on the basis of Exs.P.10 to 19, which are the letters written by the deceased, from which it is evident that she committed suicide since because the appellant was not taking care of her and he is very much interested in playing cards. There is no other allegation against the appellant that he was ill-treating the deceased or forcing her to commit suicide, etc. Further, it is evident from some of the portions of the evidence that the parents of the appellant are also good people and they never ill-treated the deceased and there is no demand of dowry. Hence, this Court is of the view that no offence is made out against the appellant punishable under Section 306 IPC.

¶16

As far as offence under Section 498A IPC is concerned, since because of the attitude and acts of the appellant, the deceased was forced to go to the extent of committing suicide. Hence, the

¶17

prosecution is able to prove the offence punishable under Section 498A IPC against the appellant herein.

¶18

Therefore, the conviction and sentence imposed on the appellant for an offence under Section 306 IPC is hereby set aside while the conviction imposed for the offence under Section 498A IPC is confirmed. Further, the sentence of imprisonment imposed on the appellant for the offence punishable under Section 498A IPC is hereby reduced to that of the period already undergone by him in prison. If any fine amount is paid by the appellant for an offence under Section 306 IPC, the same is directed to be returned to the appellant and the fine amount imposed by the trial Court for the offence punishable under Section 498A IPC is not interfered with.

¶19

With above modification in conviction and sentence, the present Criminal Appeal is allowed in part. Remaining portion of the impugned judgment holds good.

¶20

Miscellaneous petitions filed in this appeal, if any, shall stand closed.

¶21

________________________ JUSTICE RAJA ELANGO Date : 15.11.2012 sur

Polubothu Ravi Sankar v. State of A.P.

Case brief

What is this about?

What did the court decide?

Polubothu Ravi Sankar v. State of A.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Alapati Bhaskara Rao, Vs Smt. Alapati Adiseshamma

Chinnapaka Usha Rani, Vs Chinnapaka Bixapathi , Rufas Kumar

Kota Srinivasulu, Vs The State of Andhra Pradesh, rep.by Sub-Divisional Police

Alimili Subba Reddy, Vs The State of Andhra Pradesh, rep.by its Public Prosecutor

Neelakhanta Co-operative Urban Bank Ltd., Vs Smt. B. Vimala

Meka Veera Venkata Ramesh, Vs The State of a.P., rep. by its Public Prosecutor