The Supreme Court has directed to release a man convicted under section 304B , 498A, Indian Penal Code during pendency of his appeal in High Court.
Today a bench of Justice Ashok Bhushan and Justice R. Subhash Reddy set aside the order of Telangana High Court dated 20.03.2019 for denying suspension of sentence during pendency of his appeal and releasing the accused on bail.
M. Radha Hari Seshu (Appellant) was convicted by Ld. III Additional District & Sessions Judge, Ranga Reddy District, by judgment dated 14.12 2016 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.
On the basis of defacto complaint FIR has been registered against M. Radha Hari Seshu under section 498A, 304B and 302, IPC and his parents under section 498A, 304B IPC. The trial of the case has been commenced under section 304B and 498A, IPC, wherein parents were discharged but the appellant was convicted.
Senior Counsel Mr.R. Basant submits that the deceased was married to the appellant as early as on 13th 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. 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 appellant¬husband. 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.
Read the order here;Judgement_14-Aug-2020
-India Legal Bureau