Section 389(1) Cr.P.C seeking suspension of sentence- It is a matter of record that the petitioner resorted to commit offence, which is the subject matter of trial in S.C.No.197 of 2012 while he was on bail in some other crime. The victim is no other than the wife of the petitioner. The petitioner was not on bail as on the date of passing of the judgment by the trial court. If these facts are taken into consideration, I am of the view that the petitioner does not deserve for suspension of sentence imposed on him for the offence under Section 307 IPC pending disposal of the criminal appeal.

THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY

Criminal Petition No.2496 of 2013

ORDER:

        This Criminal Petition has been taken out under Section 389(2) Cr.P.C. by the appellant in Criminal Appeal No.306 of 2012 on the file of II Additional Sessions Judge, Amalapuram, East Godavari District seeking suspension of sentence imposed on him for the offence under Section 307 IPC pending disposal of the Criminal Appeal.

2.     The petitioner was tried for the offence under Section 307 IPC on the file of the Assistant Sessions Judge, Amalapuram.  The victim was his wife.  Victim-Mutyala Surekha filed a report against him for the offences under Section 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act before the Station House Officer, Ambajipeta P.S.  The SHO, Ambajipeta P.S., registered a case in Crime No.68 of 2012. The petitioner came to be arrested in connection with Crime No.68 of 2012.  He secured bail on 12.10.2010.  After securing bail, he went to his wife and dealt a knife blow on her with an intention to do away her life.   A case in Crime No.80 of 2010 under Section 307 IPC was registered against him.   After due investigation, the S.H.O.,  Ambajipet P.S., filed charge sheet  and the concerned Magistrate took the charge sheet on file as PRC 6 of 2012 and committed the case to the Sessions Division, East Godavari District at Rajahmundry. The learned Sessions Judge took the case on file as S.C.No.197 of 2012 and made over the same to the Assistant Sessions Judge, Amalapuram.   On behalf of the prosecution, eleven witnesses were examined, seven documents were marked and three material objects were exhibited.  The learned Assistant Sessions Judge, on appreciation of the evidence brought on record and on hearing the counsel appearing for the parties, came to the conclusion that the prosecution substantiated the charge leveled against the petitioner/accused, convicted him accordingly for the offence under Section 307 IPC and sentenced him to suffer R.I for a period of seven years and pay a fine of Rs.1,000/- in default to suffer simple imprisonment  for a period of three months,  by judgment dated 6-8-2012.    The petitioner was in judicial custody by the date of passing the judgment.  

3.     The petitioner/ accused filed Criminal Appeal No.306 of 2012 on the file II Additional Sessions Judge, Amalapuram, EastGodavari District.  He moved Crl.M.P.No.16 of 2013 under Section 389(1) Cr.P.C seeking suspension of sentence imposed on him for the offence under Section 307 IPC. The learned          Additional Sessions Judge having taken note of the fact of the occurrence of the incident while the petitioner was on bail in some other crime and also that the petitioner was not on bail as on the date of passing of the judgment, proceeded to dismiss the petition, by order dated 12-02-2013.  The petitioner/accused being unsuccessful in securing suspension of sentence from the Additional Sessions Judge, Amalapuram, approached this Court by moving the instant application under Section 389(2) Cr.P.C.

4.     Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the respondent-State.

5.     It is contended by the learned counsel appearing for the petitioner that the petitioner has fair chances of success in the criminal appeal which has been filed challenging the conviction and sentence of the petitioner for the offence under Section 307 IPC and therefore, the petitioner deserves for suspension of sentence imposed on him pending disposal of the criminal appeal.

6.     It is a matter of record that the petitioner resorted to commit offence, which is the subject matter of trial in S.C.No.197 of 2012 while he was on bail in some other crime.  The victim is no other than the wife of the petitioner.   The petitioner was not on bail as on the date of passing of the judgment by the trial court.   If these facts are taken into consideration, I am of the view that the petitioner does not deserve for suspension of sentence imposed on him for the offence under Section 307 IPC pending disposal of the criminal appeal.

7.     Accordingly, the Criminal Petition is dismissed.

_____________________

B.SESHASAYANA REDDY, J

Dt.21-03-2013

RAR