State appealed acquittal of A-1 and his parents in dowry and murder-attempt cases. Court dismissed as A-1 had previously successfully appealed acquittal on all charges. Found evidence inadmissible as witnesses didn't reside with accused.
Criminal Appeal dismissed; acquittal restored.
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THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL APPEAL No. 1944 of 2004
JUDGMENT:
The appeal is filed by the State against the judgment in S.C.No.541 of 2000 on the file of the Additional Assistant Sessions Judge, Anantapur.
The accused was prosecuted for the offences under Sections 498A and 307 of the Indian Penal Code, 1860 (for short “IPC”) and Sections 3 and 4 of Dowry Prohibition Act. P.W.1 is said to be the wife of A-1 and P.Ws.2 and 3 are said to be the parents of P.W.1. A-2 and A-3 are parents of A-1. After trial, the learned Assistant Sessions Judge has acquitted A-2 and A-3 of all the charges and A-1 was convicted for offence under Section 498-A of IPC and was acquitted for the offence under Section 307 of IPC. Questioning the acquittal, the present appeal is filed.
The point for consideration is whether the order of acquittal recorded by the lower Court is legal?
POINT:
As can be seen from the record, as against the conviction of A-1, he preferred an appeal to the Sessions Court in Crl.A.No.168 of 2001 and the IV Additional Sessions Judge (Fast Track Court), Anantapur in the judgment dated 02.09.2003 allowed the said appeal and also set aside the conviction of A-1 even for the offence under Section 498-A of IPC. There was no further revision or appeal against the judgment by the State. The lower Court has given sufficient reasons to discard the evidence of P.Ws.1 and 6 about the demand of dowry by A-2 and A-3 as they are not said to be residing with A-1, who was only a student and the theory of attempt to kill P.W.1 was also not believed as it was found to be vague. Since the accused No.1 was acquitted of the charges that are primarily leveled against him, the appeal has no merits.
Accordingly, the Criminal Appeal is dismissed.
N.R.L. NAGESWARA RAO, J
Date: 07-02-2012 MR
THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO
CRIMINAL APPEAL No. 1944 of 2004
DATE: 07-02-2012
MR
1 issue framed by the court
Whether the order of acquittal recorded by the lower Court is legal?
2 provisions across 2 enactments
The State
A-1
N.R.L. NAGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
