M SRINIVASULU Vs. STATE OF A P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a learned single Judge of the Andhra Pradesh High Court upholding the conviction of the appellant for offences punishable under Sections 304-B and 498-A of the Indian Penal Code, 1860 (in short the IPC). Sentence of seven years was imposed on each count. By the impugned judgment conviction recorded in respect of co-accused Laxmi was set aside and she was directed to be acquitted.

(2.) Background facts as projected by prosecution in a nutshell are as follows : Padma alias Pitchamma (hereinafter referred to as the deceased) was married to acccused No. 1-Srinivasulu on 21-5-1989. At the time of marriage, P.W. 1 father of the deceased gave rupees 10,000/- in cash, five tolas of gold, other household articles worth Rs. 3000/- and Rs. 1200/- towards clothes to accused No. 1, who was employed as sub-staff of Karnataka Bank, Secunderabad. Accused No. 2 is the mother of accused No. 1 and she used to visit accused No. 1 in the city and did not allow the deceased to fulfil conjugal obligations. At the instigation of accused No. 2, accused No. 1 had demanded Rs. 5,000/- more from the parents of the deceased to purchase a Scooter as additional dowry. P.W.1, father of the deceased paid the said amount to accused No. 1. In spite of the same, both the accused made repeated demands for additional dowry upon the deceased. On one occasion, a sum of Rs. 1,000/- and on another occasion a sum of Rs. 2,000/- was paid by P.W.1 to the accused. But the accused persons did not stop ill-treatment and harassment towards the deceased. After some time, when the deceased and her parents came to know that accused No. 2 was thinking of a second marriage of accused No. 1, immediately they went to the house of the accused but accused No. 1 refused to take the deceased into the house. Accused No. 2 ill-treated the deceased and both the accused asked the deceased to go back to her parents house. Accused No. 1 threatened to immolate the deceased and accused No. 2 threatened to poision the deceased and insisted that she continues to stay in the house of her parents. Therefore, the deceased was taking shelter in the house of her parents and about 2 months prior to the incident, on the assurance given by both the accused before the elders, the deceased joined accued Nos. 1 and 2 to fulfil conjugal obligations. In spite of the same, the accused continued ill-treatment and harassment for more dowry. Because of the persistent ill-treatment and cruelty meted out by the accused towards the deceased, on 17-9-1992 at about 9.30 a.m. the deceased set herself ablaze and died with 100% burn injuries in Gandhi Hospital while undergoing treatment. First Information Report was filed, investigation was undertaken and on completion thereof charge-sheet was filed. Accused pesrons pleaded innocence.

(3.) To establish its accusations prosecution examined 11 witnesses and 16 documents were exhibited. P.Ws. 1 and 2 were the father and mother of the deceased respectively while P.W.3 ws a relative. P.W.4 was a brother of the deceased while P.W.5 was the sister of the deceased. P.W.6 was a caste elder. P.W.10 is the Doctor who conducted the autopsy while P.W.11 was the investigating officer. On consideration of the evidence on record, learned II Additional Metropolitan Sessions Judge, Hyderabad convicted the appellant for offence punishable under Section 304-B and sentenced him to undergo imprisonment for ten years and to pay a fine of Rs. 10,000/- with default stipulation. The acquitted co-accused A2 i.e. the mother of the appellant was sentenced to undergo imprisonment for seven years. Though the accused person was found guilty for offence punishable under Section 498-A no separate sentence was imposed. Questioning correctness of the trial Courts judgment, an appeal was preferred before the High Court by both the accused. It was essentially the stand of the appellant before the High Court that there was no material to show any demand of dowry and therefore neither Section 498-A nor Section 304-B had any application. It was pointed out that the deceased stayed for only 12 dyas at the matrimonial home. Reference was made to several letters which clearly establish that the deceased was unhappy not because of any demand of dowry but because the appellant used to stay most of the times with the parents and the mother-in-law was taking objection to her long absence from the marital home. The High Court did not find any substance in the stand of the appellant but found that there was no material to show that the co-accused i.e. the mother-in-law was guilty of the charged offences. Accordingly her conviction was set aside and she was acquitted. However, in case of the appellant the conviction was maintained and the sentence was reduced as afore-stated.