MAJJI PARVATHAMMA Vs. MAJJI VASANTHA RAO

JUDGEMENT

(1.) This Criminal Revision Case is filed by the defacto- complainant pertaining to C.C.No.11 of 2002, on the file of Judicial Magistrate of First Class, Palakonda, challenging the judgment in Criminal Appeal No.27 of 2006, on the file of II Additional District and Sessions Judge (Fast Track Court), Srikakulam ('Additional Sessions Judge' for short), where under the learned Additional Sessions Judge set aside the conviction and sentence imposed against the first respondent/A.1 in the above said Calendar Case under Sec. 498-A of the Indian Penal Code ('I.P.C.' for short) and Sec. 4 of Dowry Prohibition Act ('D.P. Act' for short), as such acquitted him of the charges.

(2.) The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court for the sake of the convenience.

(3.) The case of the prosecution, in brief, before the Court below according to the charge sheet filed, is that the marriage in between Majji Parvathamma (P.W.1) and A.1 took place on 19/3/2001 in Sri Suryanarayana Swamy Temple at Arasavalli as per their caste customs and Hindu rites. At the time of marriage, parents of P.W.1 gave cash of Rs.10,000.00, a gold ring weighing half tula, bridal articles worth of Rs.40,000.00to the accused apart from land in an extent of Ac.1-20 cents and five tulas of gold to P.W.1. P.W.1 and A.1 lead their conjugal life peacefully and happily for one year. During their wedlock they were blessed with a daughter. One year thereafter, at the instigation and connivance of A.2 to A.6, A.1 demanded P.W.1 for additional dowry of Rs.20,000.00. The parents of P.W.1 expressed their inability to do so. Hence, all the accused bore grudge against P.W.1 and started harassing and ill-treating her by abusing and beating her daily. They did not provide any food for her and milk to her daughter. Therefore, on 22/12/2001 P.W.1 presented a report in Palakonda Police Station against all the accused. The above said report was enquired in Family Counseling Center, Palakonda. During the enquiry, all the accused gave an undertaking to look after P.W.1 and her daughter properly in future and took P.W.1 and her daughter to their house at Kondapuram village. After one month, all the accused again started harassing and ill-treating P.W.1 with demanding her to bring additional dowry of Rs.20,000.00. When the parents of P.W.1 expressed their inability, all the accused beat P.W.1 with hands indiscriminately all over the body and necked out her. Hence, the charge sheet.