Ballem Venkateswarlu, v. State of A.P.
Case brief
What is this about?
In an appeal against conviction and sentence for offences under Sections 498A, 306 IPC and Dowry Prohibition Act, the court analyzed the dying declaration. It found no evidence of instigation for suicide or dowry cruelty, characterizing the incident as a sudden quarrel, and acquitted the appellant of the framed charges.
What did the court decide?
Conviction and sentence set aside; appellant acquitted and ordered to return any fine paid.
What the court decided
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL APPEAL No.1755 OF 2005
DATED 23rd NOVEMBER, 2012.
BETWEEN :
B.Venkateswarlu
.. Appellant-accused
and
State of A.P.
..Respondent
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1755 OF 2005
JUDGMENT:
Appellant-accused preferred the present Criminal Appeal by invoking the provision under Section 374 (2) of the Code of Criminal Procedure (in short ‘Cr.P.C.’) challenging the judgment dated 10.10.2005 rendered in Sessions Case No.396 of 2004 wherein the II Additional Sessions Judge (F.T.C.1) at Khammam convicted the appellant herein under Section 235 (2) Cr.P.C. and sentenced him to undergo rigorous imprisonment for five years with a fine of Rs.30,000/for the offence punishable under Section 3 of Dowry Prohibition Act, rigorous imprisonment for five years with a fine of Rs.10,000/- for the offence punishable under Section 498A of Indian Penal Code (in short ‘IPC’) and rigorous imprisonment for five years with a fine of Rs.10,000/- for the offence punishable under Section 306 IPC.
Issues for consideration
3 issues framed by the court
Whether the dying declaration indicates instigation by the husband for suicide attracting offence under Section 306 IPC.
Whether the facts establish cruelty for dowry demands attracting offence under Section 498A IPC.
Whether the conviction under specific sections of IPC and Dowry Prohibition Act sustained.
Parties & counsel
- appellant
B. Venkateswarlu
- respondent
State of A.P.
Coram
Raja Elango
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · November
- Registered
- Case no.
- CRLA/1755/2005
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