M. RADHA HARI SESHU Vs. STATE OF TELANGANA
LAWS(SC)-2020-8-17
SUPREME COURT OF INDIA
Decided on August 14,2020

M. Radha Hari Seshu Appellant
VERSUS
State of Telangana Respondents

JUDGEMENT

- (1.)Leave granted.
(2.)This criminal appeal is filed by the appellant-accused, aggrieved by the order dated 20th 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 and Sessions Judge, Ranga Reddy District at L.B. Nagar vide judgment dated 14.12.2016.
(3.)Based on the complaint dated 07.12.2011 filed by the de facto complainant a case was registered against the appellant 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 appellant-accused 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 and 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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