GADDEGUDEM VADENNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS criminal appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, "Cr.PC"), is directed against the judgment, dated 12.6.2007, in Sessions Case No.496 of 2004 on the file of IV Additional District and Sessions Judge (Fast Track Court), Mahabubnagar, whereunder and whereby the appellant/ A1 was convicted for the offences punishable under Sections 498A and 302 of the Indian Penal Code, 1860 (for short, 'IPC') and sentenced to undergo imprisonment for a period of three years and to pay fine of Rs.500/- in default to suffer simple imprisonment for one month for the offence punishable under Section 498A IPC and sentenced to undergo life imprisonment and to pay fine of Rs.1,000/-, in default to undergo simple imprisonment for three months for the offence punishable under Section 302 IPC.

(2.) THE brief facts that are necessary for disposal of the prosecution case may be stated as follows: On 7.5.2003 at about 12:00 noon, PW1, who is the father of Smt. Chennamma (hereinafter referred to as 'the deceased') lodged a complaint at Koilkonda Police Station, stating that he has two daughters and two sons, that the elder daughter was given in marriage to A1 about one year back. At the time of marriage, PW1 presented 3 tulas of gold, 50 tulas of silver and Rs.15,000/- cash along with other household articles as dowry to Al. About four months, the deceased and A1 lived happily and thereafter, A1 started harassing the deceased for additional dowry. A2 is mother and A3 is sister of A1 respectively. A2 and A3 harassed the deceased physically and mentally and sent her to parents house, that a panchayat was held and elders advised A1 not to harass the deceased in future and send the deceased to the house of accused; that on 7.5.2003 morning one of the residents of Koilkonda Village informed PW1 that on the intervening night of 6/7.5.2003 at 2:00 a.m., he heard some galata from the house of A1 and his daughter was throttled to death. PW1 along with other family members went to A1's house and found his daughter dead with injuries over the neck. PW1 alleged that the deceased was murdered by Al, A2 and A3 for additional dowry. Basing on the report given by PW1 a case in Crime No.37 of 2003 for the offence punishable under Section 304 B IPC was registered against A1 to A3. Later, the scene of offence was got photographed by Investigating Officer and the dead body was sent to post mortem examination to District Hospital, Mahabubnagar after conducting the formalities of the inquest. THE doctor, who conducted post-mortem examination opined that the deceased died due to throttling that lead to asphyxia and shock. Hence, the Section of law was altered into Sections 302 and 498A IPC, and after receipt of all relevant documents and completion of investigation, police laid charge-sheet against Al to A3

(3.) AFTER closure of the prosecution evidence, the accused were examined under Section 313 Cr.PC with reference to the incriminating circumstances appearing against them in the evidence of prosecution witnesses. They denied the same and reported no evidence, either oral or documentary.