2004 INSC 1270
                                    SUPREME COURT OF INDIA

                                                K. Brahmaiah

                                                      Vs.

                                          State of Andhra Pradesh

                                            Crl.A.No.1380/1999

                           (B. N. Agarwal and P. K. Balasubramanyan JJ.)

                                                 18.11.2004

                                                JUDGMENT

B. N. Agarwal, J.

1. Heard the parties.

2. The appellant along with K. Venkateshwarlu (A-2) and Smt. Ramanamma (A-3) was tried
and by judgment dated 11.7.1994 rendered by the trial court while co-accused persons were
acquitted of the charges, the appellant was convicted under Section 306 IPC and sentenced to
undergo R.I. for a period of seven years. He was further convicted under Section 498A IPC
and sentenced to undergo R.I. for a period of two years and to pay a fine of Rs.200/-. In
default in payment of fine he was to undergo further simple imprisonment for a period of two
months. However, both the sentences were ordered to run concurrently.

3. On appeal being preferred by the appellant, the High Court of Andhra Pradesh by the
impugned judgment set aside his conviction under Section 306 IPC but maintained the same
under Section 498A IPC. Hence this appeal by special leave.

4. Having heard the parties and perused the record, we are of the opinion that no case for
interference is made out. The appeal, therefore, fails and the same is accordingly dismissed.

5. The appellant is on bail. His bail bonds are cancelled. The appellant be taken into custody
forthwith to serve out the remaining part of sentence, the compliance of which must be sent
to this Court by the trial court within a period of one month from the date of receipt of the
copy of this order by the trial court.

1  SpotLaw