ATTULURI KRISHNA MURTHY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused is Sessions Case No. 101 of 1990 is the appellant herein. He was tried in the Court of the Assistant Sessions Judge, Khammam for a charge punishable under Section 304-B IPC. The second charge against the accused was under Section 4 of Dowry Prohibition Act. On evidence, the learned Assistant Sessions Judge, Khammam came to the conclusion that the prosecution has been able to establish the charge punishable under Section 304-B IPC and therefore he proceeded to convict the accused and sentenced him to suffer RI for seven years. As the accused was sentenced for the substantive offence under Section 304-B IPC, no separate sentence was awarded under Section 4 of the Dowry Prohibition Act.

(2.) The gravamen of the charges of the accused was that he married the deceased Umarani on 5-6-1983 and harassed her for getting more dowry from her parents and also driven her out of the house and on 13-8-1988 at 7.30 a.m. the deceased Umarani was found dead due to burns within seven years from the date of her marriage and thereby accused alleged to have committed an offence punishable under Section 304-B IPC and under Section 4 of the Dowry Prohibition Act.

(3.) The prosecution story can briefly be narrated as follows : That the deceased Umarani was married to accused on 5-6-1983. She committed suicide by pouring kerosene on her person on 13-8-1988. Immediately after the death, her close relations i.e. mother, father, brother and sister etc., came to their village 'Garla'. The information regarding the death was passed on to the Garla Police. It was investigated earlier by the Sub-Inspector of Police, Garla Police Station and the SI of Police, Garla, referred the case as suicide and concluded that there is no harassment or cruelty for the purpose of extracting additional dowry.