VIRLAMKA SATYAVATHI Vs. STATE OF A P

JUDGEMENT

(1.) These two appeals arise out of the judgment rendered in S.C.No. 266 of 1997, dated 1-12-1998 on thefilebf theIII Additional Sessions Judge, Kakinada, convicting and sentencing A-2 and A-3 for the offence under Section 498-A IPC, and acquitting A-l for the offence under Section 304-B IPC.

(2.) The facts that arise for consideration, and briefly stated as follows: Kollu Naga Satyavathi and the appellants herein, being accused, are residents of Thetagunta Village. A-l was the husband of the deceased-Kollu Naga Satyavathi, A-2 and A-3 are the married sisters of A-l. They are eking out their livelihood by attending Collie work. P.W. 1 being the father of Kollu Naga Satyavathi, is a resident of Vontimamidi Village. He also used to work as Collie. P.W. 2 is his wife. They performed the marriage of the deceased-Kollu Naga Satyavathi with A-l about two years prior to the incident as per the Hindu customs. At the time of the marriage P.W. 1 agreed to give an amount Rs. 10,000.00as dowry, but could pay only Rs. 4,000.00 and he could not pay the remaining amount. The deceased-Kollu Naga Satyavathi joined A-l at Thetagunta Village soon after the marriage. It is alleged that at the instance of A-2 and A-3, who are the sisters, A-l started demanding the deceased for rest of the dowry and beating her on that ground. Six months prior to the incident, when the deceased was at her parents' house, a dispute was raised before the elders P.W. 7 Devara Suryarao and P.W. 6 Nukaraju and with the assurance that the balance would be paid away by Jogiraju, the father of the deceased, after receiving the sale proceeds in cashew nuts, A-l took back his wife. However, ill treatment of the deceased continued, that the accused did not even send his wife for Sankranthi festival in spite of invitation by P.W. 1 Jogiraju through Lovaraju, who is his son being P.W. 9, the accused refused the invitation on the ground that P.W. 1 failed to pay the balance of the dowry amount. He did not even send the deceased, it is alleged that on 18-1-1998 the deceased and accused went to Coolie work at cotton field where A-l rebuked his wife and humiliated mentally for the balance of the dowry amount, and unable to bear said harassment and cruelty meted out in the hands of A-l to A-3 she committed suicide on the night of 18-1-1997 by consuming pesticides. P. Ws. 1 and 2, who are the parents of the deceased, came on 19-1-1997 at 6.00 a.m., after coming to know about the death of her daughter, and when questioned about the cause of death, the accused could not give any explanation. Thereafter, P.W. 1 went to the Police Station at Tuni and gave a report at 11.00 a.m. on 19-1-1997 the S.I. of Police registered a Crime No. 10/97 under Section 306 and 498-A IPC read with 34 IPC. P.W. 12, who is the M.R.O., held inquest over the dead body of the deceased. P.W. 11-Doctor, conducted post-mortem examination and thereafter, the Sub-Divisional Police Officer, Pedda Puram, laid the charge-sheet for the offence under Section 304-B read with 34 IPC.

(3.) All the accused pleaded not guilty for the charge under Section 304-B read with 34 IPC.