Synopsis: A bench consisting of Justice Ashok Bhushan and Justice R. Subhash Reddy, on Friday, set aside Telangana High Court’s order dated 20.03.2019 to deny suspension of sentence during the appeal is pending and therefore, released the accused on bail.
On Friday, the Supreme Court released a man accused of the dowry death offence while awaiting his appeal in the High Court.
The appellant-accused filed a criminal appeal, aggrieved by the order of 20th March 2019, issued by the High Court at Telangana in Criminal Appeal No.1325 of 2016. Through the above order, the High Court rejected the appeal filed by the appellant under section 389(1) of the CrPC seeking the revocation of the sentence levied on 14th December 2016, in sessions case No.306 of 2013 by judgment.
On the grounds of the petition filed on 7th December 2011 by the defacto complainant, a case has been filed against the petitioner and his parents, for alleged offences under Sections 498A, 304B, and 302 of the IPC. A charge sheet against the appellant, M Radha Hari Seshu, and his parents were filed after the investigation was concluded.
In the session case, the Additional District and Sessions Judge, Ranga Reddy District, sentenced M Radha Hari Seshu in December 2016. He was sentenced to life imprisonment and also had to pay a fine of Rs.5,000 under Section 304B and was also sentenced a fine of Rs. 3000 for the offence under section 498A of the IPC for a term of three years.
In the above-mentioned case, his father and his mother were discharged on an appeal submitted by them, as such the appellant was charged on his own for the aforementioned offence.
It is argued that the deceased was married to the appellant on 13th February 2005 and they lived a happy married life and were blessed with two sons as well.
Referring to Section 304B of IPC, the learned counsel argued that there is no proof to provide that the wife was exposed to abuse or assault by the husband immediately before her death. Notwithstanding the same, the trial court has unfairly convicted M. Radha H.Seshu for the crime under Section 304B of IPC and levied the life imprisonment penalty.
The bench had set aside the order passed on 20th March 2019, by the Telangana High Court to refuse the suspension of sentence during the appeal pending and release the accused on bail.