SHAIK CHINA BUDA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is filed against the judgment of conviction and sentence passed by the Sessions Judge, Guntur in S.C. No. 645 of 1994 dated 11-5-1995 wherein the appellant-A1 was convicted for the offence under Section 498-A, I.P.C. and was sentenced to undergo imprisonment for a period of two years and to pay a fine of Rs. 500/- in default to undergo S. I. for a period of three weeks.

(2.) Charges under Sections 304-B and 498-A, I.P.C. have been framed against six accused and the trial Court acquitted all the accused for the offence under Section 304-B, I.P.C. and also acquitted A-2 to A-6 for the offence under Section 498-A, I.P.C. whereas A-1 has been convicted for the offence under Section 498-A, I.P.C. and sentence as stated above was imposed.

(3.) The case of the prosecution is as follows : A-1 being the son of A-2 and A-3 married the deceased on 9-5-1993 and a sum of Rs. 25,000/- towards dowry and 15 soverigns of gold jewellery was given at the time of marriage and that after marriage A-1 to A-6 started harassing the deceased by beating her and some times by not giving food in order to get more dowry from the parents of the deceased and the deceased when visited the house of her parents one month after her marriage informed about the said harassment at the hands of the accused including the appellant. The deceased was, however, sent back to her in-laws place. As the accused continued the harassment demanding more money, the deceased informed her parents about the same. On this, the father of the deceased (PW-1) gave Rs. 2,000/- and sent the deceased again to the house of A-1. After lapse of four months the deceased was again sent back to her parents" house for getting more money. The deceased informed her father that not only the accused harassed her but also A-2 attempted to commit rape on her. Ultimately, the deceased not able to bear with the harassment made by the accused committed suicide by consuming pesticide in the cotton fields belonging to PW-5 on 27-10-1993. Upon coming to know about the death of the deceased, PW-1, PW-2, PW-3 along with others came to the place of offence and found the deceased dead and thereafter lodged a report on 28-10-1993 at 5.45 p.m. which was registered as Cr. No. 28 of 1993 for the offences under Sections 304-B and 498-A, I.P.C.