SHAIK MOULANA SAHEB Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is filed against the Judgement passed by the V Additional Sessions Judge, West Godavari at Eluru in S.C.No. 89 of 2006 convicting and sentencing the appellant to undergo RI for a period of 10 years and to pay a fine of Rs. 500/- for the offence under Section 304-B IPC and further convicting and sentencing him to undergo RI for two years and to pay a fine of Rs. 300/- for the offence under Section 498-A IPC.

(2.) In all three accused were tried by the learned Sessions Judge on the allegation of committing the offences under Sections 304-B and 498-A IPC. A.1 is the husband of the deceased, A.2 is the mother of A.1 and A.3 is a relative of A.1 and A.2. During the pendency of the case, A.2 died and as such the case against A.2 was abated. The trial court acquitted A.3 while convicting and sentencing the appellant/A.1 as mentioned above.

(3.) The case of the prosecution in brief is that the appellant and the deceased Imam Bee belong to Ramachandrapuram in East Godavari District. The marriage of the deceased with A.1 was performed on 25.4.1997. According to the prosecution, at the time of marriage, Pw.2 the adopted father of the deceased gave an amount of Rs. 11,000/- to the appellant as dowry and the marriage was consummated and both the appellant and the deceased lead marital life for a month and thereafter, the appellant left the deceased and absconded from the house. After some time, again he joined the deceased at Ramachandrapuram and started demanding additional dowry of Rs. 5,000/-. The matter was placed before the villager elders and it was settled.