PANDIRIPALLI RAMALAKSHI Vs. STATE OF A P

JUDGEMENT

(1.) A-1 to A-3 in Sessions Case No. 281 of 1995 on the file of I Additional District & Sessions Judge, West Godavari at Eluru had preferred this Criminal appeal, as against the judgment dated 26-07-1989, where under the appellants-accused were found guilty of the offences punishable under Sec. 498-A and Section 304-B of the Indian Penal code and sentenced to undergo Rigorous Imprisonment for two years and to pay a fine of Rs. 100/- each in default simple Imprisonment for one month and to undergo Rigorous Imprisonment for seven years respectively and the sentences to run concurrently.

(2.) The Inspector of Police, Town Circle Eluru filed charge-sheet against the accused in Cr.No. 25 of 1994 of II Town Law and Order Police Eluru under Section 304-B of Indian Penal Code.

(3.) The case of the prosecution is that one Akkisetti Narayana Rao and his wife Lakshmi are residents of Paikapuram in Vijayawada and their daughter Kanaka Lakshmi was given in marriage to one Pandiripalli Ganesh During May, 1989 at Vijayawada. The said Ganesh is the son of A-2. A-3 is the sister of the said Ganesh. A-1 is the wife of A-2 and the mother of the said Ganesh. It is also the case of the prosecution that at the time of marriage, an amount of Rs. 3,750/- was given as dowry besides some gifts and house hold articles to A-1 and A-2. The parents of Kanaka Lakshmi hereinafter referred to as deceased for the purpose of convenience, also executed a gift deed in respect of house site measuring 72 yards in Vijayawada in favour of A-1 and A-2 and the deceased joined her husband in her matrimonial house at Eluru. The husband of the deceased is innocent and he was treating her with love and affection. For some time appellants- accused treated the deceased normally and thereafter began to ill-treat her by subjecting her to cruelty with a view to extract more money and unable to bear the same, the deceased went to her parents house. Her husband visited the parents house of the deceased and brought her back to his house and the accused subjecting her the same harassment continued in the absence of the said Ganesh. The deceased again went to the parents house and Ganesh requested Reddi Kasiraju (P.W. 5) to go over to Vijayawada and bring back his wife. The said Kasiraju went to the house of the parents of the deceased assured them that he would admonish the accused and so saying brought her to the house of the accused. This time it is stated that the accused had gone to the extent of threatening her that they would celebrate the second marriage of their son to get more dowry. It is also the version of the prosecution that she was unable to bear with the harassment, cruelty and insult, the deceased poured kerosene and set herself ablaze and she was shifted to the hospital, H.C. 712 of Eluru II Town L&O Police Station recorded the statement of the deceased at the hospital. The Sub-Inspector of Police, II Town L&O Police registered the same as a case in Cr.No. 25 of 1994 under Section 498-A of Indian penal Code and the deceased also made a dying declaration to the II Additional Judicial I Class Magistrate, Eluru. On the same day, she had succumbed to the injuries and hence the Sub-Inspector of Police altered the F.I.R.into Section 304-B of Indian Penal Code. The investigation was taken up and inquest was conducted over the dead body. The same was registered as P.R.C. 25 of 1995 on the file of II Additional Judicial I Class Magistrate, Eluru and the same was committed to the Court of Session as Sessions Case No. 281 of 1995 which was made over to the learned I Additional District & Sessions Judge, West Godavari at Eluru, who had recorded the evidence of P.Ws. 1 to 19 and also marked Exs. P-1 to P-17 and M.Os. 1 to 6.