MADAS VENKAT GOUD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused in SC No.167 of 2005 on the file of the I Addl. Metropolitan Sessions Judge, Hyderabad, is the appellant herein. The learned Judge tried the appellant for the offences punishable under Sections 304-B IPC and 12(1)(b) of the Passports Act, 1967 (for short "the Act"). During the course of trial, on behalf of the prosecution, PWs.1 to 12 were examined and Exs.Pl to P9 were marked. On behalf of the defence, DW1 was examined and Ex.D1 was marked. After analyzing both oral and documentary evidence and after hearing both sides, the trial Court found the accused guilty of the offences, and accordingly, convicted and sentenced him to undergo rigorous imprisonment for ten years for the offence under Section 304-B IPC, and also sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000.00 in default, to undergo simple imprisonment for three months, for the offence under Section 12(l)(b) of the Act.

(2.) The graveman of the charge against the accused is that at Saleem Nagar Colony, Prasanth Nagar, Malakpeta, Hyderabad, the accused subjected his wife Smt. Aravindasree, hereafter called the deceased, to cruelty and harassed her for additional dowry, on account of which, her health got deteriorated and ultimately she died on 27/9/2001. Further, the charge against the accused is that while obtaining a passport, he suppressed his marital status and did not mention the name of his wife, the deceased, in the application.

(3.) For the sake of convenience, the parties will be referred to as they are arrayed in the Sessions Case.