PUTTALASARAIAH Vs. STATE OF A P REP

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned II Additional Sessions Judge, Karimnagar in S.C.No.477 of 1996 dated 5.2.1997, whereby the appellants-A1 and A2 were convicted of the offences under Section 304-B, 498-A, 306 of I.P.C. and each of them were sentenced to undergo imprisonment for a period of seven years for the offence under Section 304-B of I.P.C.; imprisonment for one year and to pay a fine of Rs.500/- in default to suffer simple imprisonment for a period of two months for the offence under Section 498-A of I.P.C.; and rigorous imprisonment for six months and to pay a fine of Rs.500/- in default to suffer simple imprisonment for a period of 15 days for the offence under Section 306 of I.P.C. They were also convicted for the offence under Section 4 of the Dowry Prohibition Act and sentenced to undergo six months imprisonment and to pay a fine of Rs.500/- each, in default to suffer simple imprisonment for a period of 15 days. All the sentences were directed to be run concurrently.

(2.) The case of the prosecution, according to the evidence let in during the course of trial, is that one Vijaya (hereinafter referred to as 'the deceased') was the second daughter of P.W.1-Kolakani Papaiah and she was given in marriage to A1 two years prior to the date of offence. At the time of marriage, P.W.1 agreed to pay Rs.25,000/- towards dowry to the accused but paid Rs.5,000/- only promising to pay the balance at the time of Deepavali festival. Immediately after the marriage, the deceased was taken to the house of the accused and there, A1 and the deceased lived happily for some time and thereafter the appellants-A1 and A2 started harassing the deceased for the balance amount of dowry. On coming to know of this, P.W.1 went to the house of the accused and brought the deceased to his house. Subsequently, when A1 went to the house of P.W.1 along with one Srinivasa Reddy, P.W.1 sent his daughter along with A-1 promising to pay the balance dowry amount. Subsequently, on the occasion of Ekadashi festival, the mother of P.W.1 Kolakani Souravva-P.W.3, took the deceased to her house at Bommanapally village. After festival, A-1 along with one Ravinder Reddy went to Bommanapally and took the deceased along with them to their house. But, as the mother of A-1 (i.e., A-2) did not allow the deceased into the house, the deceased went along with the said Ravinder Reddy to her grand mother's (P.W.3) house in Bommanapally. One month thereafter, the deceased committed suicide by consuming pesticide.

(3.) On information given by P.W.3, P.W.1 went to Bommanapally and gave Ex.P1 complaint in the police station on 21.9.1995. The Sub Inspector of Police, Chigurumamidi Police Station-P.W.9 registered a case in Crime No.59 of 1995 against the appellants-accused Nos.1 and 2 under Section 304-B I.P.C. Ex.P6 is the F.I.R. On the very same day, the Inspector of Police, Husnabad-P.W.10 visited the scene of offence and took up investigation.