SC Sets Aside Order of Telangana HC, Suspends Sentence of Appellant

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On 14th August 2020, the Hon’ble Supreme Court heard the case of M. Radha Hari Seshu v State of Telangana. The bench comprised of Hon’ble Justice Ashok Bhushan, Hon’ble Justice R. Subhash Reddy and Hon’ble Justice M. R. Shah.

Brief Facts of the Case

A complaint registered against the Appellant and his parents was under Section 498A, 304B and 302 of IPC. Subsequently, the conviction of the Appellant happened for offences under Section 304B and 498A of IPC. However, his parents were soon discharged on an application. Then, the Appellant was however sentenced to life imprisonment and a fine of Rs 5000 imposed for an offence under 304B. He was also sentenced for a period of 3 years with a fine amount of Rs 3000 for an offence under section 498A.

The Appellant then filed an appeal before the High Court of Telangana seeking suspension of sentence and bail, pending disposal of the criminal appeal. The High Court dismissed this appeal.

Appellant’s Argument

The learned counsel for the appellant argues that the Prosecution has miserably failed in proving the Appellant guilty of the above-mentioned charges. Further, the witnesses presented by the Prosecution were parents and closed friends of the deceased who are ‘interested witnesses’. Hence, their testimony is not reliable. 

Moreover, the Appellant and deceased were leading a happy married life as they got married on 13th February 2005 and had 2 children.

Court’s Judgment

The Court did not go into the merits of the case but took into consideration the submissions made by the learned counsel and other material on record. The Court also took note of the fact that the Appellant has been in jail since 15th December 2016. Subsequently, it suspended the sentence imposed on the Appellant and enlarged him on bail pending criminal appeal before the High Court. 


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