STATE OF A P Vs. KATUKURI JEEVARATHNAMMA

JUDGEMENT

(1.) THIS criminal appeal by the appellant- State is directed against the judgment dated 27.09.2007, passed by the VI Additional District and Sessions Judge (Fast Track Court), Tirupati, acquitting the respondents-accused Nos. 1 and 2 of the charges under Sections 498-A and 302 I.P.C.

(2.) ACCUSED Nos. 1 and 2 are the mother-n-law and husband of the deceased. The marriage of the deceased with accused No.1 took place on 12.09.2004. After marriage, the deceased and accused Nos. 1 and 2 lived together at Venkatareddy Kandriga village in Vardaiahpalem Mandal. Out of the wedlock, they were blessed with a son (P.W.2). Thereafter, the accused started harassing the deceased for additional dowry. Due to the said harassment, the relations between the accused and the deceased soured. Ultimately, unable to bear the harassment, the deceased lodged a complaint before the police against the accused. Based on the said complaint, the police registered a case, and after investigation, filed charge sheet against the accused. The case was taken on file as C.C. No. 53 of 1998 on the file of the Judicial Magistrate of I Class, Satyhaveedu. During the pendency of the said case, with the intervention of elders, the matter was compromised and consequently, the case ended in acquittal of the accused. Thereafter, the deceased joined the company of the accused and lived with him in his matrimonial home. The accused bore grudge against the accused as she file criminal case against him, and waited for an opportunity to eliminate her.

(3.) BASED on the intimation and the statement recorded by P.W.10, P.W.13-Sub Inspector of Police, Varadaiahpalem Police Station, registered a case in Crime No.159 of 2004 against the accused for the offence punishable under Section 307 I.P.C. and took up investigation. On 17.09.2004, upon receipt of intimation from the hospital about the death of the deceased, P.W.8-Assistant Sub Inspector, altered the section of law in the FIR from Section 307 I.P.C. to Section 302 I.P.C. Thereafter, on the directions of the Deputy Superintendent of Police, he went to the hospital, and conducted inquest over the dead body of the deceased in the presence of P.Ws. 4, 7 and others, examined and recorded their statements. Thereafter, he sent the dead body of the deceased to S.V. Medical College, for post mortem examination. On 18.09.2004, upon receipt of credible information, he arrested accused Nos. 1 and 2 and sent them for remand. Thereafter, P.W.14-the Inspector of Police, who took up further investigation, verified the investigation done by P.W.13 and then visited Kondama Nellore village, where the parents of the deceased reside, examine and recorded their statements, and from there, lie went to Venkatareddy Kandriga village, examined and recorded the statements of some others. After receipt of post-mortem certification and FSL report, and after completing the investigation, he filed the charge sheet against the accused.