The Court reduced the sentence under Section 498-A IPC to the period already undergone, as 22 years had lapsed, while maintaining the conviction. The petition was partly allowed.
Sentence reduced to the period already undergone; petition partly allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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THE HONOURABLE SRI JUSTI CE K.SURENDER
CRI MI NAL REVI SI ON CASE No.1547 OF 2007
O R D E R :
This Criminal Revision Case is filed under Sections 397 and 401 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) by the petitioner – 1st accused, aggrieved by the judgment dated 07.11.2007 in Criminal Appeal No.83 of 2005 on the file of Court of
Sessions Judge, Warangal, confirming the judgment dated 29.07.2005 in C.C.No.903 of 2001 on the file of IV Additional Judicial Magistrate of I Class, Warangal.
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investigated the case filed charge sheet for the offences under Section 498-A of Indian Penal Code (for short ‘IPC’) and Sections 3 and 4 of Dowry Prohibition Act (for short ‘D.P. Act’). The learned Magistrate having framed the charges for the said offences examined PWs.1 to 6 and got marked Ex.P1 and Ex.P2. In defence, Ex.D1 to Ex.D19 were marked. Having considered the evidence, the learned Magistrate found that this petitioner was complicit of harassing his wife, for which reason, petitioner was convicted for the offences under Sections 498-A of IPC and 4 of D.P. Act and sentenced him to undergo rigorous imprisonment for a period of one (01) year and six (06) months respectively.
present petition is filed questioning the confirmation of the conviction by the Sessions Court.
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regarding demand of additional dowry and also that the wife of petitioner/PW2 was beaten. Several incidents are narrated in the evidence to that effect.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J
Date: 18.01.2023 rev
1 issue framed by the court
Whether the conviction under Sections 498-A IPC and 4 DP Act should be quashed due to the lapse of time.
3 provisions across 3 enactments
Petitioner - 1 (Accused)
K.SURENDER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
