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offence punishable under Section 302, Indian Penal Code (for short ‘IPC’) imposing the sentence of imprisonment for life and a fine of Rs. 1,000/- with default sentence of simple imprisonment for a period of three months.- Having considered the above factors, we find that every circumstance noted by the trial Court goes to show that it was the appellant who got enraged by the conduct of the deceased in his attempt t liking, inasmuch as he was not in good terms with PW-3, the mother of tho develop close relationship with his daughter PW-2 which was not to hise deceased. The appellant was stated to have been aggrieved by the non- cooperation of PW-3 in his attempt to dissolve the marriage with his wife who is the daughter of the elder sister of the appellant as well as PW-3. Merely because PWs-3,4,6 and 7 are related to the deceased, there is no reason why they should implicate the appellant who is also closely related to them. If according to the appellant, he was not present when the murder of the deceased took place in his residence, as rightly pointed out by the trial Court, then it was for him to explain as to how the dead body was found in his house. Admitting the presence of the dead body of the deceased in the courtyard of the appellant’s house, no step was taken by the appellant to explain the situation of the presence of the dead body in his house. The theory of the hostile witnesses PWs-1 and 2 that they went for shopping along with the appellant was rightly rejected by the trial Court in the absence of any other supporting material both oral as well as documentary. The evidence of the doctor (PW-13) and Exhibit P-8 disclose that the deceased was mercilessly wounded with the knife (M.O.-10) which resulted in his instantaneous death due to shock and hemorrhage. The overall consideration of the evidence available on record only substantiate the guilt of the accused-appellant in the killing of the deceased and consequently the conclusion reached by the trial Court and upheld by the High Court does not call for any interference. The appeal, therefore, fails and the same is dismissed.
Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2168 OF 2009 Polamuri Chandra Sekhararao @ Chinna@ Babji ….Appellant VERSUS State of A.P. .…Respondent J U D G M E N T Fakkir Mohamed Ibrahim Kalifulla, J. 1. This appeal is directed against the conviction and sentence imposed upon the appellant … Continue reading
no offence under section 307 IPC is made out and further the trial Judge observed that no weapon was used and the allegation is made by the daughter of the defacto complainant. Further there is no reason why the person who intended to commit murder left the defacto complainant without doing away the same and the same is not properly explained and it is borne out from the record that the trial Judge has disbelieved the evidence of PW-1 and when two views are possible and on the basis of the evidence adduced and one view which is in favour of the accused has been considered by the trial and there is no need to interfere with the findings recorded by the learned trial Judge.
IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE TWENTYEIGHTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO. 1303 OF 2010 Between: State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad … Appellant V/s. Vasupalli Nukaraju & Anr. … Respondents Counsel for … Continue reading
MISUSE OF SEC.498A- There are no specific allegations of any of the petitioners herein subjecting the second respondent to harassment by way of beating or abusing her, much less demanding to bring Rs.1.00 lakh towards additional dowry. If the alleged additional dowry is brought, then none of brothers, sisters and brothers-in-law would be beneficiaries and they would not get any share in that additional dowry. 4. The Supreme Court in Preeti Gupta v. State of Jharkhand1 took note of the fact on some unscrupulous wives putting all family members of the husband to harassment by way of giving report alleging offence under Section 498 (A) IPC. The Supreme Court pointed out role of the courts as follows: “At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment of husband’s close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion.” 5. The Supreme Court also pointed out role of advocates and also need for change of legislation on this aspect. If allegations in the report given by the second respondent are scrutinized with pragmatic approach contemplated by the Supreme Court, it is evident that general and omnibus allegations are made against all the petitioners who are residents of different places and different localities including a brother who is no more even by the date of giving report by the second respondent to the police. Such indiscriminate activity on the part of the second respondent, cannot be supported by this Court. Registration of case on report of the second respondent by the police against the petitioners herein is nothing short of abuse of process of criminal law.
THE HON’BLE SRI JUSTIC SAMUDRALA GOVINDARAJULU Criminal Petition No.4277 of 2009 01-10-2010 Shaik Kaleemullah & 9 others. The State AP, rep. by its P.P. High Court of A.P., Hyderabad, Through P.S. Town IV, Nizamabad and another. Counsel for the petitioners: Sri Nazir Ahmed Khan Counsel for respondent No.1: Additional Public Prosecutor Counsel for respondent No.2: … Continue reading
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