PAINDEKER KISHNA RAO Vs. STATE OF A P

JUDGEMENT

(1.) A-1 in S.C.No. 332-97 on the file of Sessions Judge, Adilabad preferred the present Criminal Appeal as against the Judgment dated 6-7-1999 wherein A1 was found guilty under Section 304-B IPC, but however A-2 was found not guilty for the said offence.

(2.) Charge-sheet was fiied against A-1 and A-2 for an offence under Section 304-B IPC in Cr.No. 38/96 of Tanur Police Station. The case of the prosecution is that on the intervening night of 28/29-10-2996 at Tanur village, the victim Kalavathi @ Deepika died due to dowry harassment by A-1/husband and A-2/mother-in-law within six months after her marriage at the house of her in-laws. It is also the version of the prosecution that on 29-10-1996 at about 10 a.m. P.W. 1, the father of the deceased Kalavathi, lodged Ex. P-1 complaint stating that the deceased Kalavathi married A-1 on 20-5-1996. Rs. 51,000/- cash, two tolas of gold, one chetak scooter along with other household articles were given towards dowry to the accused persons as per their demand. The deceased joined the company of A-1 and subsequently on 26-10-1996 A-1 and the deceased Kalavathi came to their house at Nizamabad. At the instance of A-1 the deceased asked for payment of additional dowry of Rs. 50,000/- as her husband wants to purchase jeep and the defacto complainant expressed inability to meet the demand. On the next day A-1 and the deceased returned to their house at Tanur. On 29-10-1996 the defacto complainant received information through P.W. 4 that his daughter died on the intervening night of 28/29-10-1996 and therefore suspected some foul play for the death of Kalavathi. The complaint was registered in the first instance under Section 174 Cr.P.C. in Cr.No. 38/96. During the course of investigation, inquest was conducted over the deadbody of the deceased by P.W. 6 Mandal Revenue Officer and prepared Ex. P-3 in which an opinion was given by the panchayatdars and the death is due to harassment for additional dowry. The Medical Officer P.W. 7 conducted autopsy over the deadbody of the deceased and gave Ex. P-5 post-mortem report in which an opinion was given that the death is due to administering poison. P.W. 8 the concerned Sub-Inspector of Police partly examined some of the witnesses and subsequently P.W. 9, the Inspector of Police, verified the investigation, examined the witnesses and filed the charge-sheet against the accused under oection 304-B IPC after altering the section of law.

(3.) Judicial Magistrate of First Class, Bhainsa had registered the crime as P.R.C.No. 17/97 and the same was committed to the Court of Session and the learned Sessions Judge recorded the evidence of P.W. 1 to P.W. 9, marked Exs. P-1 to P-7 and ultimately recorded acquittal of A-2 and convicted A-1. Hence, the present Criminal Appeal.