SHANKURIGARI VENKATESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) SECTION 498 -A or for that matter Section 304 -B I.P.C. were introduced by the Parliament to curb the harassment to women afte A1 to A4 in S.C.No.305 of 2008 were tried for the offence of causing the death of Smt.Padmamma, wife of A1, on 17.03.2008 by Crime No.25 of 2008 was registered against A1 to A4 for the offences punishable under Sections 302 r/w.34, 498 -A r/w.34 I.P. the D.P. Act). Along with the bodies of Padmamma and her daughter, the body of another male person, by name, Kashaiah was IV Additional Sessions Judge (Fast Track Court), Mahabubnagar and it was numbered as S.C.No.305 of 2008.

(2.) THE trial Court framed as many as five charges and the accused pleaded not guilty. To prove its case, the prosecution Through judgment dated 28.04.2009, the trial Court acquitted the accused of the charge framed under Section 3 of the D. the offences punishable under Section 4 of the D.P. Act and Section 498 -A r/w. 34 I.P.C. The fourth charge referable to Section 302 r/w.34 I.P.C. was alerted to be the one under Sectio Smt. A. Gayatri Reddy, learned counsel for the appellants, submits that in Ex.P1 itself, PW.1 stated that his sister ju Learned Public Prosecutor, on the other hand, submits that the suicide of the deceased was proved to be on account of t

(3.) IT was only in the cross examination that PW.1 stated that he noticed three dead bodies in the well, i.e., those of his cross examination that his sister was having illicit intimacy with one Kashaiah since one year and A1 and his parents informe PW.2 is the mother of the deceased. She too admitted that three bodies were recovered from the well and suggestions were al Padmamma had illegal intimacy with Kashaiah for which we chastised her two or three times. Therefore, she along with her ch Naturally this witness was declared hostile. However, no suggestion whatever was made on behalf of the prosecution to contr He too stated that when the bodies of the deceased Padmamma and her daughter were recovered, there was a dead body of another From the conspectus of the evidence on record what becomes clear is that it was not even alleged that on 17.03.2008 any The fact that the death of the deceased occurred within seven years from the date of marriage and that her parents made an allegation about the demand of dowry is sufficient to invo That the death of a woman, i.e. the deceased, occurred within seven years of her marriage, is beyond any pale of doubt. Wh The complaint submitted by PW.1 was not truthful, in the sense that though by the time he submitted the complaint he was awa PW.5 went a step further and stated that the relationship between Padmamma and A1 was cordial.