SUNDARAPALLI SRINIVAS Vs. STATE OF A P

JUDGEMENT

(1.) This criminal appeal is filed by the accused convict against the judgment of the learned III Additional Sessions Judge, Kakinada rendered in Sessions Case No.301 of 1995 dated 9-5-1997 convicting him for the offence under Section 304-B of IPC and sentencing him to undergo (a) seven years rigorous imprisonment for the offence under Section 304-B of IPC; (b) five years rigorous imprisonment and to pay a fine of Rs.15,000/- in default to suffer simple imprisonment for one year for the offence under Section 3 of the Dowry Prohibition Act; and (c) two years rigorous imprisonment and to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for three months for the offence under Section 4 of the DOWRY PROHIBITION ACT, 1961. The learned Judge further directed the sentence of imprisonment to be run concurrently. Further out of the fine amount imposed under Section 3 of the Dowry Prohibition Act an amount of Rs. 11,000/- was ordered to be paid to PWs.1 and 2 the parents of the deceased.

(2.) The case of the prosecution in brief is that the marriage between the appellant- accused and the deceased Sundarapalle Nagalakshmi was performed on 21-2-1992 and at the time of marriage Rs.11,000/- towards dowry and a gold ring as gift to the accused were presented by the father of the deceased. The couple lived at Mathuranagar, Kakinada and within six months of the marriage the accused started harassing the deceased that dowry of Rs.11,000/- given to him was insufficient and by stating further that he would have got Rs.30,000/- and started demanding for payment of additional dowry amount. He started imputing the character of his wife stating that he was not responsible for her pregnancy. A dispute was raised before the elders i.e., PWs.4 and 5 who admonished the accused and sent the deceased along with her father for delivery. Thereafter the deceased gave birth to a female child. The accused did not come to see his child. PW1 sent his deceased daughter along with PW3 who happened to be sister of the deceased. PW3 stayed at the house of the accused along with the deceased for one week. Ten days prior to the date of the offence the accused along with his wife went to the house of PWs.l and 2 at Thanuku and demanded for payment of Rs. 10,000/- and PW1 expressed his inability to pay that much amount. However he borrowed a sum of Rs. 10,000/- and gave it to the accused and after staying for a few days he went along with his deceased wife to his place. On 16-6-1994 the elder brother of the accused informed PW1 that his daughter committed suicide by hanging upon which PW1 went along with his wife, daughter to Kakinada and saw the dead body of his daughter and got suspicion upon the accused and gave a report to the police who registered the case under Section 304-B of IPC and Sections 3 and 4 of the DOWRY PROHIBITION ACT, 1961. The accused was arrested on 26-7-1994.

(3.) In order to establish the guilt of the accused, the prosecution has examined PWs.1 to 15 and marked Exs.P1 to P15 and MOs.1 and 2. No witnesses were examined nor any documents were marked for the defence.