T K SRIDHAR Vs. PUBLIC PROSECUTOR

JUDGEMENT

(1.) AGGRIEVED by the judgment, dated 12.8.2005 passed by the learned 1st Additional Sessions Judge, Karimnagar in S.C.No:308 of 2005 convicting the appellants and sentenced them to undergo R.I. for (7) years each and to pay a fine of Rs.1,000/- each in default to suffer S.I. for two (2) months for the offence under section 304-B IPC and further convicted and sentenced to undergo R.I. for a period of two (2) years each and to pay a fine of Rs.500/- in default to suffer S.I. for 1 (1) month for the offence under section 498-A I.P.C and further convicted and sentenced to undergo R.I. for two (2) years each and sentenced to pay a fine of Rs.1,000/- each in default to suffer S.I. for two (2) months for the offence under section 4 of Dowry Prohibition Act and further convicted and sentenced to undergo R.I. for five (5) years and to pay a fine of Rs.5,000/- each in default to suffer S.I. for one (1) month for the offence under section 306 I.P.C., the present appeal is filed by the appellants. The appellants are accused-1 to 3 and the respondents are the State represented by the Public Prosecutor.

(2.) THE case of the prosecution in short is that on 30.4.2004, P.w.1 gave a report to the police stating that he performed the marriage of his daughter (for short deceased) with A1 who is no other than the son of his elder sister. He gave a dowry of Rs.50,000/- and the coupled led happy marital life for one year. The marriage of the younger brother of A1 was performed and they are blessed with a son and since then, the husband and the in laws of the deceased started harassing her. They also demanded her to bring additional dowry of Rs.20,000/- and sent a word to her parents about three months back. P.w.1 could not pay the amount due to the financial problem. Due to the said harassment made by the husband and in laws of the deceased, she stayed in the house of P.w.1 for one month. 18 days prior to the incident, a festival was celebrated at the house of P.w.1 and the husband and in laws of the deceased attended the said festival.

(3.) THE learned Public Prosecutor appearing for the State while supporting the judgment impugned, sought for dismissal of the appeal. The point for consideration is whether the prosecution proved the guilty of the accused for the charges leveled against them and whether the judgment of the trial Court is sustainable.