STATE OF ANDHRA PRADESH Vs. RAJ GOPAL ASAWA

JUDGEMENT

(1.) The State of Andhra Pradesh has questioned legality of the judgment rendered by a Division Bench of the Andhra Pradesh High Court holding respondents to be not guilty of the alleged offences for which the Trial Court had convicted them i.e. offences punishable under Section 304-B and Section 498-A of the Indian Penal Code 1860 (for short the IPC). Three persons faced trial relating to the alleged suicidal death of one Mangala (hereinafter referred to as the deceased). A-3 was her husband, while A-1 and A-2 were her brother-in-law and mother-in-law respectively. During the pendency of the appeal before the High Court, A-2 expired and the appeal was held to be abated so far she was concerned.

(2.) Accusations which led to the trial were as follows : The deceased and A-3 were married on 6-7-1989. Admittedly, the accused committed suicide at about 11.30 a.m. on the date of occurrence i.e. 2-4-1990. The accused persons took her to the hospital where she was declared to be dead. The Inspector of Police sent a complaint to the SHO to register a case. FIR was registered and investigation was undertaken. On completion of investigation, charge-sheet was placed and the accused persons faced trial. They pleaded innocence. To further the prosecution version 10 witnesses were examined while to substantiate its plea of innocence, accused persons examined 12 witnesses. The Trial Court found that the evidence of PWs. 2, 3, 4 and 6 about the demand of dowry made by A-1 and A-2 was cogent and credible. A-3 was held guilty as he extended tacit support, albeit indirectly. Placing reliance on the evidence of PWs. 2, 3, 4 and 6 it was held that the demand of dowry has been clearly established. Though it was noticed that there was no direct evidence of A-3, the husband making any demand of dowry, his silence was construed to be an act of endorsing the demand and he was, as noted above, held guilty.

(3.) In the appeal before the High Court the primary stand taken was that there was no evidence to show about any agreement or demand for payment of dowry before the marriage. Even if any subsequent demand was made as alleged, that cannot bring in application of Section 304-B, I. P. C. It was further submitted that no grievance has been ever made before DW-1, the eldest member of the family of the accused persons about the alleged demand. It was the case of PWs. 2, 3, 4 and 6 that any demand was made before the marriage. The High Court by the impugned judgment held that on the grounds urged by the accused persons, conviction cannot be maintained. With reference to a decision of the Andhra Pradesh High Court in Ayyala Rambabu vs. State of Andhra Pradesh (1993 (1) ALT (Cri) 73) it was held that to constitute "dowry", the demand should be made directly or indirectly, either at the time of marriage, or before the marriage or at any time after the marriage in connection with the marriage of the parties. If there was no agreement between the parties to give or take any property or valuable security or where the property or valuable security has been given or taken but thereafter further amounts are demanded after the marriage, such demands will not fall within the meaning of dowry. So far as A-3 is concerned, it was held that there was no evidence of his having ever demanded dowry.