KARIDIGURU GOVINDAPPA Vs. STATE

JUDGEMENT

(1.) This is an appeal filed by the appellant-accused No.2 against his conviction and sentence passed in Sessions Case No.254 of 1996 by the learned Sessions Judge, Chittoor, by his judgment dated 5-3-1997.

(2.) The appellant stands convicted for the offence punishable under Sections 304- Part II and 201 of the Indian Penal Code (the 'IPC' for brevity) and sentenced to suffer rigorous imprisonment for a period of five years under Section 304-Part-II of the IPC and rigorous imprisonment for a period of one year under Section 201 of the IPC and further sentenced to pay a fine of Rs. 1,000/- and in default to suffer rigorous imprisonment for two months. Both the sentences have been directed to run concurrently.

(3.) The gravamen of the charge against the appellant, who is A2 in this case, and two others was that A1 being the husband, A2 and A3 being the in-laws of the deceased- Chinnakka subjected her to cruelty by harassing her physically and mentally in order to secure more dowry from her parents threatened to get A1 married for the second time if the demand of dowry was not fulfilled, and that on 12-7-1995 at 5.p.m., A2 the appellant herein did commit murder by intentionally or knowingly causing death of the said Chinnakka by squeezing her neck at a well situate to Baipareddlapplle village and thereby A2 committed the offence punishable under Section 302 of the IPC; A1 to A3 committed the offences punishable under Section 498-A of the IPC and under Section 4 of the Dowry Prohibition Act.