Full Judgment Text
Crl.A.@S.L.P.(Crl.)No.2053 of 2020
NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.521 OF 2020
[Arising out of S.L.P.(Crl.)No.2053 of 2020]
M. Radha Hari Seshu …..Appellant
Versus
The State of Telangana …..Respondent
O R D E R
1. Leave granted.
2. This criminal appeal is filed by the appellantaccused,
th
aggrieved by the order dated 20 March 2019 passed in I.A.No.1
of 2019 in Criminal Appeal No.1325 of 2016 by the High Court
for the State of Telangana at Hyderabad. By the aforesaid order,
High Court dismissed the application filed by the appellant
herein under Section 389(1) of the Code of Criminal Procedure
seeking suspension of sentence imposed in Sessions Case No.306
of 2013 by the learned III Additional District & Sessions Judge,
Ranga Reddy District at L.B. Nagar vide judgment dated
14.12.2016.
Signature Not Verified
Digitally signed by
MEENAKSHI KOHLI
Date: 2020.08.14
14:50:45 IST
Reason:
3. Based on the complaint dated 07.12.2011 filed by the de
facto complainant a case was registered against the appellant
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and his parents in Crime No.964 of 2011 for the alleged offences
under Sections 498A, 304B and 302, Indian Penal Code (IPC) on
the file of KPHB Police Station, Ranga Reddy District. After
completion of investigation, chargesheet was filed against the
appellantaccused no.1, and his parents – accused nos.2 and 3
for the offence under Sections 304B and 498A, IPC. The learned
XIX Metropolitan Magistrate, Cyberabad took cognizance of the
case against the accused for the offences under Sections 304B
and 498A, IPC and committed it to the Court of Sessions,
Metropolitan Sessions Judge, Cyberabad. Upon committal, same
was registered as Sessions Case No.306 of 2013 for offences
under Sections 304B and 498A, IPC. The learned III Additional
District & Sessions Judge, Ranga Reddy District, L.B. Nagar, by
judgment dated 14.12 2016 passed in Sessions Case No.306 of
2013, has convicted the appellant herein for offence under
Sections 304B and 498A of IPC. He was sentenced for
imprisonment of life and to pay fine amount of Rs.5,000/ with
default clause for the offence under Section 304B and was also
sentenced for a period of three years with a fine amount of
Rs.3,000/ for the offence under Section 498A of IPC. Accused
nos.2 and 3 in the aforesaid case were discharged on an
application filed by them, as such, appellant alone was tried for
the offence under Sections 498A and 304B, IPC.
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4. As against the conviction recorded and sentence imposed
by the learned III Additional District & Sessions Judge, Ranga
Reddy District, L.B. Nagar, the appellant has preferred appeal
before the High Court for the State of Telangana at Hyderabad
and filed I.A.No.1 of 2019 in Criminal Appeal No.1325 of 2016
seeking suspension of sentence and to release the appellant on
bail, pending disposal of the criminal appeal. Such application
filed by the appellant is dismissed by the High Court vide
impugned order.
5. We have heard Sri R. Basant, learned senior advocate
appearing for the appellant and the learned counsel standing
counsel appearing for the State of Telangana.
6. By taking us to the judgment of the Sessions Court and
other material placed on record, it is contended by Sri Basant,
learned senior counsel that though prosecution has utterly failed
to prove the guilt of the appellantaccused for the offence under
Sections 304B and 498A of IPC, by misconstruing the evidence
on record, the trial court has erroneously convicted the
appellant. It is submitted that deceased was married to the
th
appellant as early as on 13 February 2005 and they were
leading happy married life and were also blessed with two sons.
Further it is submitted that except interested witnesses, the case
of the prosecution is not proved by any independent witness. By
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referring to the provision under Section 304B, IPC it is submitted
by learned senior counsel that there is absolutely no evidence to
show that, soon before her death deceased was subjected to
cruelty or harassment by the appellanthusband. Inspite of the
same, trial court has wrongly convicted the appellant for offence
under Section 304B, IPC and imposed the maximum punishment
of imprisonment for life. Further it is submitted that PW1 and
PW2 are the parents of the deceased and PW3 is a close friend
of the deceased, as such, they are interested witnesses and if
deposition of such witnesses is carefully scrutinised by applying
ratio laid down by this Court in the case of Piara Singh & Ors. v.
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State of Punjab , their testimony was not to be relied on by the
trial court to convict the appellant. Further it is submitted that
inspite of making a strong prima facie case to suspend the
sentence, pending appeal, the High Court has dismissed the
application without recording valid reasons.
7. On the other hand, the learned standing counsel appearing
for the State of Telangana has submitted that by recording valid
reasons the application of the appellant is rejected and there are
no grounds to interfere with the same.
8. Having heard learned counsel on both sides, we have
perused the impugned order and other material placed on record.
1 (1977) 4 SCC 452
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9. In this case it is to be noted that marriage of the deceased
with appellant was performed on 13.02.2005 and they were
blessed with two children. Though initially case was registered
under Sections 304B, 498A and 302, IPC, after investigation the
appellant and his parents were charged under Sections 304B and
498A, IPC. The parents of the appellant herein were discharged
on an application and only appellant was tried for the offence
under Sections 498A and 304B, IPC. It is also brought to our
th
notice that the appellant is confined in jail from 15 December
2016 onwards and further it is also brought to our notice that
the father of the appellant was diagnosed with pancolitis.
10. Though learned senior counsel, by taking us to the findings
recorded by the trial court, has submitted that no case is made
out for the offence under Section 304B and he was erroneously
convicted for offence under Section 304B as well as 498A, IPC, in
view of the pendency of the appeal before the High Court, we do
not wish to go into the merits of the matter at this stage.
However, considering the submissions made by the learned
counsel and other material placed on record and further taking
th
into account that the appellant is in jail since 15 December
2016, we deem it appropriate that it is a fit case to suspend the
sentence imposed on the appellant and to enlarge the appellant
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on bail, pending Criminal Appeal No.1325 of 2016 before the
High Court.
11. For the aforesaid reasons, this appeal is allowed. Impugned
th
order dated 20 March 2019 passed in I.A.No.1 of 2019 in
Criminal Appeal No.1325 of 2016 passed by the High Court for
the State of Telangana at Hyderabad, is set aside and we order
that the sentence imposed on the appellant in Sessions Case
No.306 of 2013 by the learned III Additional District & Sessions
Judge, Ranga Reddy District, L.B. Nagar in judgment dated
14.12.2016, shall remain suspended pending disposal of appeal
before the High Court and the appellant shall be released on bail
subject to such conditions to be imposed by the trial court.
Further, we direct that the appellant shall not leave the country
pending disposal of the appeal before the High Court.
………….………………………………..J.
[ASHOK BHUSHAN]
….…………………………………………J.
[R. SUBHASH REDDY]
New Delhi.
August 14, 2020.
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ITEM NO.14 Court 5 (Video Conferencing) SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).2053/2020
(Arising out of impugned final judgment and order dated 20-03-
2019 in IA No.1/2019 passed by the High Court For The State Of
Telangana At Hyderabad)
M. RADHA HARI SESHU Appellant(s)
VERSUS
THE STATE OF TELANGANA Respondent(s)
([HEARD BY: HON. ASHOK BHUSHAN AND HON. R. SUBHASH REDDY, JJ.])
(IA No.32537/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.32536/2020-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES[FOR ORDERS ON 14.08.2020])
Date : 14-08-2020 This matter was called on for pronouncement
of order.
For Petitioner(s)
Mr. Manoj C. Mishra, AOR
For Respondent(s)
Mr. S.. Udaya Kumar Sagar, AOR
Ms. Bina Madhavan, Adv.
Ms. Swati Bhardwaj, Adv.
O R D E R
Leave granted.
The appeal is allowed in terms of the signed non-
reportable order.
Pending application(s), if any, stands disposed of.
(ARJUN BISHT) (RENU KAPOOR)
COURT MASTER (SH) BRANCH OFFICER
(signed non-reportable order is placed on the file)
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