PUBLIC PROSECUTOR Vs. S SHIVASHANKAR

JUDGEMENT

(1.) This criminal appeal is filed as against the acquittal recorded in Sessions Case No.87 of 1995 on the file of the Assistant Sessions Judge at Sangareddy, dated 26-06-1998. The Deputy Superintendent of Police, Woman Protection Cell, C.I.D., Hyderabad, filed charge sheet against the respondents-accused for the offences punishable under Sections 406, 498-A, 304-B of the Indian Penal Code (for short the Code) and Section 3 & 4 of the Dowry Prohibition Act.

(2.) The case of the prosecution, in brief, is that the marriage of Vandana (herein after referred to as deceased) was celebrated with A1 on 20-11-1992 and both of them were living together along with A2-the mother of A1. At the time of marriage, the parents of the deceased presented 5 tulas of gold, steel cot, silver vessels, steel almyrah, folding dining table with 4 chairs, household articles, Bajaj scooter and Rs.30,000/- cash for clothes. After the marriage, the accused harassed the deceased for bringing more amount and she returned three times to her parents house within a period of one and half months. The accused used to harass the deceased not only to bring money but also for decolum cot and gas cylinder as gifts. Due to the harassment made by the accused, the deceased died by setting herself ablaze. On a complaint, a case in Crime No.11 of 1993 under Section 174 of the Code of Criminal Procedure was registered by the Police Station, Narayanguda. The Mandal Revenue Officer conducted inquest over the dead body of the deceased and he also recorded the dying declaration of the deceased. During the course of investigation, it was established that the deceased was harassed by A1 before her death for want of dowry and she died with burn injuries within seven years of her marriage.

(3.) The learned Judicial First Class Magistrate, Sangareddy, committed the case to the Court of Session and on appearance of the accused, a charge under Section 304-B of the Code was framed and the accused pleaded not guilty. The prosecution examined P.Ws 1 to 15 and got marked Exs.P1 to P11 on its behalf and also Ex.D1 and D2 were marked on behalf of accused. The learned Judge, after recording the reasons in detail, found the accused not guilty of an offence under Section 304-B of the Code and recorded and acquittal. Hence, the appeal.