VEMURI VENKATESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal filed by A-1 and A-2 assailing the convictions and sentences imposed on them. A-1 was convicted u/Ss. 302, 201 and 498-A, IPC and sentenced to suffer imprisonment for life, for 5 years and 3 years respectively, whereas A-2 was convicted u/S. 498-A and 201, IPC and sentenced to suffer RI for 2 years and 4 years respectively. Originally, A-1 to A-3 were tried under different charges and A-3 was acquitted of all the charges by the Court below. Hence, this appeal by A-1 and A-2.

(2.) The gravamen of the charge against the accused is that A-1 being the husband and A-2 being the sister of A-1 were harassing the deceased, the wife of A-1, to bring the balance amount of dowry and also to sell the landed property given to her as 'pasupukumkuma' and were also intimidating her by propagating a rumour that she was having illicit intimacy with one Koteswara Rao, and that in furtherance of their common intention to cause the death of the said Koteswaramma (the deceased), they committed her murder on 26-12-1987, and also caused disappearance of the evidence in regard to the said offence of murder by hanging the dead body of the deceased in a room so as to give an appearance of suicide.

(3.) The case of the prosecution as deposed to by the material prosecution witnesses is :- The deceased was the wife of A-1, A-2 is the elder sister of A-1 while A-3 is the husband of A-2. The marriage of the deceased took place about one year prior to the date of occurrence and at the time of her death, she was carrying six months' pregnancy. PW-4 is the brother of the deceased while PW-6 is the landlord of the house in which the deceased and the accused were living. At the time of marriage, it is in evidence, the parents of the deceased agreed to pay Rs. 20,000.00 in cash and give Ac. 1-50 cents of land to A-1. Out of the agreed amount, only Rs. 10,000.00 was paid to A-1 in the presence of A-3 at the time of marriage and the balance was undertaken to be paid later on. The marriage took place on the scheduled date. In March 1987, after the marriage, A-1 sent the deceased to her parents' house to bring the balance amount as it was not paid. Then PW-4 (the brother of the deceased) and his father went to the house of the accused and explained their financial difficulties. Thereupon the accused granted them time up to August, 1987 to make the payment. Accordingly the amount was paid to A-1 in the presence of A-3. However, within 2 months thereafter, A-1 to A-3 began to harass the deceased asking her to dispose of AC.-50 cents of land given to her towards 'pasupukumkuma' and bring the cash. In that regard, A-1 also started beating the deceased at the instigation of A-2 and A-3. The deceased, therefore, went to her parents' house at Jaggaiahpet and informed them about the harassment and cruelty meted out to her. PW 4 consoled the deceased, advised her to persuade A-1 not to insist upon the sale of land and sent her back to A-1's house. After a few days, when she again came to her parents' house, PW-4 got her examined by a doctor and found her to be pregnant. The deceased was again sent to A-1's house.