BANGI NAGA RAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Accused No.1, Bangi Naga Raju, aggrieved by the Judgment made in S.C.No.568/96 dated 11-12-1998 on the file of II Additional Sessions Judge, Karimnagar had preferred the present Criminal Appeal.

(2.) The accused 1 and 2 were charged with an offence under Sections 304- and 306 IPC and the learned Judge found A-1 guilty of the offence under Section 304-B IPC only but however found A-2 not guilty for the offences under Sections 304-B and 306 IPC and accordingly acquitted A-2 and sentenced A-1 to undergo Rigorous Imprisonment for a period of 7 years.

(3.) Bangi Srilatha, the wife of the appellant herein/A-1, hereinafter referred to as deceased for the purpose of convenience, was aged about 19 years and her father (PW-1) lodged a complaint on 17-2-1996 at 10 a.m. in Kesavapatnam Police Station, which was registered as Cr.No.7/96 under Section 304-B IPC and under Section 4 of the Dowry Prohibition Act. It was stated that the defacto complainant got the deceased Srilatha married to A-1 of Molangur village three years prior to the incident and during the marriage Rs.25,000/- cash and other articles and Rs.5000/- for purchase of cots was given as dowry. It was further stated that six months after the marriage A-1 and his mother Nandamma (A-2) started harassing the deceased to get additional dowry of Rs.10,000/- and they threatened to kill her by burning. The deceased informed her parents about the constant torture and requested them to settle the problems before elders. The parents of the deceased could not meet the demand of dowry made by A-1 and fourteen days prior to the giving report by PW-1, A-1 took the deceased to his house. On 16-2-1996 PW-1 received a message about the death of the deceased at 10 p.m. Then he went along with his wife to Molangur village and found the deceased dead due to burn injuries. It was further stated that A-1 and his mother (A-2) might have killed the deceased by pouring kerosene. On receipt of the above complaint a case was registered and investigated into by the S.I. of Police, Keshavapatnam. The S.I. of Police visited the scene of offence and sent a requisition to M.R.O. Keshavapatnam to hold inquest. After inquest the dead body of the deceased was sent to Government Hospital, Huzurabad for autopsy. The Medical Officer conducted autopsy and opined that the cause of death was due to shock due to extensive burns. The S.I. of Police examined PW.1, PW-2, PW-3 and one Gondyala Gangadhar. It is also the case of the prosecution that the investigation revealed that the deceased was given in marriage to A-1 three years prior to the incident as per the caste custom and during her marriage her parents gave her Rs.30,000/- cash and other articles of dowry and sent her to the house of A-1 and six months thereafter A-1 started harassing the deceased to bring additional dowry and he was demanding additional dowry on the instigation of his mother (A-2). A-1 used to torture the deceased mentally and physically and she informed the same to her parents by way of letters and also on their personal visits. The parents of the deceased, PW-1 and PW-2, expressed their inability to comply with the demand made by the accused and with the help of Kailasam, Venkataiah and others they sent her to her in-laws house to lead the marital life. Due to constant harassment of the accused and as the accused had sent legal notice stating that he would marry another girl at last the deceased was sent to her parents house in the month of January 1996 for not getting additional dowry amount. Fourteen days thereafter A-1 went to the deceased and demanded the amount and took away the deceased to his village giving a warning to the brother of the deceased. On 16-2-1996 the deceased was alone at home and the accused were away from the village and her father-in-law was in the village. As the deceased could not tolerate the constant harassment and torture she poured kerosene on her body and set fire to herself and she died subsequently. The Sub-Divisional Police Officer took up the investigation.