UNDAVALI NARAYANA RAO Vs. STATE OF A. P.

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dtd. 22/10/2003 passed by the High Court of Andhra Pradesh at Hyderabad in Criminal Appeal Nos.1692 of 2001 and 711 of 2002 whereby the High Court has affirmed the judgment and order of the Sessions Judge, East Godavari District at Rajahmundry dtd. 31/10/2001 in S.C. No.1 of 2000 whereunder the appellant has been convicted for the offence under Sec. 498A Indian Penal Code (in short "IPC") and sentenced to undergo R.I. for two years.

(2.) The facts and circumstances giving rise to this appeal are that a private complaint was filed by Undavilli Veerayamma, PW.1/ complainant against the appellant Undavalli Narayan Rao - the husband, and Undavalli Veerayamma @ Vijjamma - the mother-in-law of the deceased, Malathi Devi. Both of them are alleged to have harassed the deceased for more dowry and due to the strained relationship between the deceased and appellant, an agreement (Khararunama) was executed, restraining the appellant from dealing with or alienating the properties mentioned in the said "Khararunama". Subsequent to the execution of said "Khararunama" the deceased restored marital relations with the appellant and they lived together for nine years. During this period the deceased persistently complained about the behaviour of the appellant and his mother, to her mother Smt. Undavilli Veerayamma PW.1 and other relatives and the continuation of harassment at the hands of the appellant and his mother.

(3.) It is alleged that the appellant killed his wife on 5/6/1999 and stage managed a hanging to show that the deceased committed suicide. Her dead body was hurriedly cremated with the assistance of co-accused Manyan Narayan Rao, Valluri Gangadhar Rao and Chillikuri Rajasekhara Rao without informing the parents of the deceased who were away at Hyderabad and it was also alleged that the close relatives of the deceased objected to the cremation but despite their objections, the deceased was cremated.