J YADAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE appellants herein were prosecuted for the offences punishable under Section 498-A I. P. C. and also under Section 304-B I. P. C. and Section 4 of the Dowry Prohibition Act in the Court of the Metropolitan Sessions Judge, Hyderabad in Sessions Case No. 117 of 1990. On hearing the prosecution and the defence of the accused, the learned Sessions Judge came to the conclusion that the prosecution had been able to prove the charges levelled against them and, therefore, both the accused were convicted of an offence punishable under Section 304-B I. P. C. and each of them were sentenced to suffer R. I. for seven years. Further the accused were also convicted for the offences punishable under Section 498-A I. P. C. and Section 4 of Dowry Prohibition Act and each of them were sentenced to suffer R. I. for six months and a fine of Rs. 500/-in default to suffer S. I. for two months under each count. The substantive sentences of imprisonment were made to run concurrently.

(2.) BEING aggrieved by the aforesaid convictions and sentences, the accused-appellants have preferred this appeal on various grounds as stated in the Memorandum of Grounds of Appeal.

(3.) THE prosecution story can briefly be narrated as follows : The deceased, Smt. J. Suvarna, was married to A-2 somewhere in the year 1984. P. W. 1 happened to be the father of the deceased. A-1 is the mother of A-2. At the time of marriage as per the version of prosecution, P. W. 1 had agreed to pay a sum of Rs. 45,000/-by way of dowry. Out of the said amount, Rs. 8,000/- were paid to A-2 in cash and for the remaining amount, the deceased was given 12 tolas of gold.