LAWS(APH)-2023-4-8

SARANGAM DAYAKAR RAO Vs. STATE OF A.P.

Decided On April 04, 2023
Sarangam Dayakar Rao Appellant
V/S
STATE OF A.P. Respondents

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C'), is filed by the appellant, who was the accused No.1 in Sessions Case No.103 of 2007, on the file of the Court of IV Additional District and Sessions Judge (Fast Track Court), Nellore (for short, 'the learned Additional Sessions Judge'), challenging the judgment, dtd. 23/5/2009, where under the learned Additional Sessions Judge found the appellant guilty of the charges under Ss. 498-A and 304-B of the Indian Penal Code, 1860 (for short, 'the IPC"), questioned him about the quantum of sentence, and thereafter sentenced him to suffer Rigorous Imprisonment for one (1) year and to pay a fine of Rs.1,000.00 in default to suffer Simple Imprisonment for three months for the charge under Sec. 498-A IPC and sentenced him to suffer Rigorous Imprisonment for seven (7) years and to pay a fine of Rs.3,000.00 in default to suffer Simple Imprisonment for six months for the charge under Sec. 304-B IPC. By the same judgment, the learned Additional Sessions Judge found accused Nos.2 and 3 not guilty of the charges under Ss. 498-A and 304-B IPC and acquitted them under Sec. 235(1) Cr.P.C.

(2.) The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.

(3.) The Sessions Case No.103 of 2007 arose out of PRC No.92 of 2006 on the file of the Court of IV Additional Judicial Magistrate of First Class, Nellore (for short, 'the learned Magistrate') pertaining to Crime No.16 of 2006 of Nellore Rural Police Station.