Case Analysis: Mallella Shyamsunder V. State Andhra Pradesh.
NIRMA UNIVERSITY
INSTITUTE OF LAW
CASE ANALYSIS
Mallella Shyamsunder V. State Andhra Pradesh
Course Name:
Evidence Law
B.A., LL.B. (Hons)
SEMESTER-VII
Under the Guidance of:
Mr. U. Vardharajan
Assistant Professor
Submitted By:
Manushi Yadav (11BAL127)
Introduction
This appeal is directed against the judgment and order passed by the High Court of Andhra Pradesh, whereby the High Court dismissed the appeal filed by the appellants herein and confirmed the order dated 30.03.2005 passed by the Court of Second Additional Sessions Judge, Mahabubnagar, Andhra Pradesh in Sessions Case No. 197 of 2002.
Acts/Rules/Orders: Evidence Act, 1872 - Section 302 , Section 498A , Indian Penal Code, 1860.
Brief Facts
The victim, Smt. Kalyani, the deceased in this case, was married to the appellant on 26.04.2000. Ever since, she was being ill-treated and harassed by both the accused, i.e. her husband, and her mother-in-law, on account of non-payment of balance of the promised dowry. The appellant, on 23.08.2001, on the demand of balance of the promised dowry, sent her out of the matrimonial home. However, PW-1- mother of the deceased …show more content…
It must also be noted that according to the statement of PW-4, there was no prompt action by the accused to take the deceased to the hospital, after she suffered the burns. Also, there was nobody else in the house and, hence, it was for the appellant to offer explanation as to the cause of death. His theory of suicide, on the face of overwhelming evidence to the contrary, is not at all acceptable. The court explained that only PW-9 has given a different version regarding the injury being self-inflicted. His version cannot be believed at all in the background of the overwhelming evidence, and particularly in the background of the injuries noted in the post-mortem
INSTITUTE OF LAW
CASE ANALYSIS
Mallella Shyamsunder V. State Andhra Pradesh
Course Name:
Evidence Law
B.A., LL.B. (Hons)
SEMESTER-VII
Under the Guidance of:
Mr. U. Vardharajan
Assistant Professor
Submitted By:
Manushi Yadav (11BAL127)
Introduction
This appeal is directed against the judgment and order passed by the High Court of Andhra Pradesh, whereby the High Court dismissed the appeal filed by the appellants herein and confirmed the order dated 30.03.2005 passed by the Court of Second Additional Sessions Judge, Mahabubnagar, Andhra Pradesh in Sessions Case No. 197 of 2002.
Acts/Rules/Orders: Evidence Act, 1872 - Section 302 , Section 498A , Indian Penal Code, 1860.
Brief Facts
The victim, Smt. Kalyani, the deceased in this case, was married to the appellant on 26.04.2000. Ever since, she was being ill-treated and harassed by both the accused, i.e. her husband, and her mother-in-law, on account of non-payment of balance of the promised dowry. The appellant, on 23.08.2001, on the demand of balance of the promised dowry, sent her out of the matrimonial home. However, PW-1- mother of the deceased …show more content…
It must also be noted that according to the statement of PW-4, there was no prompt action by the accused to take the deceased to the hospital, after she suffered the burns. Also, there was nobody else in the house and, hence, it was for the appellant to offer explanation as to the cause of death. His theory of suicide, on the face of overwhelming evidence to the contrary, is not at all acceptable. The court explained that only PW-9 has given a different version regarding the injury being self-inflicted. His version cannot be believed at all in the background of the overwhelming evidence, and particularly in the background of the injuries noted in the post-mortem