BOMMAGANI CHANDRA MOHAN Vs. STATE OF A P

JUDGEMENT

(1.) Heard Ms. Rajani representing Mr. Damodar Reddy, learned counsel for the appellant and the learned Additional Public Prosecutor.

(2.) The sole accused Bommagani Chandra Mohan preferred this Criminal Appeal as against the Judgment in Sessions Case No.38 of 1995 dated 26-6-1997 made by the learned II Additional Sessions Judge, Warangal.

(3.) The learned counsel for the appellant would submit that the learned II Additional Sessions Judge, Warangal had totally erred in convicting the appellant-accused under Section 498-A of the Indian Penal Code while recording an acquittal under Section 302 of the Indian Penal Code. The learned counsel also pointed out that none of the witnesses had supported the prosecution version and P.Ws. 1 to 9 were declared hostile. The learned counsel also would submit that the learned Judge had totally erred in placing reliance on highly defective two Dying Declarations Exs.P-13 and P-18 dated 7-3-1994 and 8-3-1994 respectively. The learned counsel also pointed out that the evidence of P.W. 1, who had stated that oral Dying Declaration was made by the deceased, is contrary to Exs.P-13 and P-18. The learned counsel would submit that P.Ws. 1 to 3 clearly deposed that the deceased never complained of any ill- treatment or harassment for any additional dowry or the like cause and hence the conviction and sentence imposed by the learned Judge cannot be sustained.