DAYYALA BIXAPATHI Vs. STATE OF A P

JUDGEMENT

(1.) The accused, A-1 and A-2, are the revision petitioners herein. They were charged for the offence punishable under Section 304-B, IPC for harassment and cruelty towards one Lalitha (hereinafter referred to as the "deceased") resulting in the committing of suicide by the deceased by consuming poison. The learned Assistant Sessions Judge, Jangaon tried the accused in S.C.No.465 of 1998, found them guilty of the charges framed against them and convicted for the offence under Section 304-B, IPC and sentenced each of them to suffer rigorous imprisonment for a period of seven years. On appeal by the accused the learned First Additional Sessions Judge, Warangal in Crl.A.No.90 of 1998 confirmed the conviction and the sentence imposed on them. Challenging the conviction and the sentence imposed on them, the accused- appellants filed the present criminal revision case.

(2.) The facts of the case, as unfolded by the prosecution, are that the marriage between A-1 and the deceased, a resident of Gannavaram Village, was solemnized about six years prior to the death of the deceased. A-2 is the mother of A-1. At the time of marriage A-1 was promised to pay Rs.10,000/- towards dowry by the mother of the deceased, but could not pay the total amount and paid only Rs.7,000/- promising to pay the balance of Rs.3,000/- after sometime. According to the prosecution A-1 and the deceased lived together and at the first instance gave birth to a male child, who died later and thereafter they gave birth to a female child, who was aged five years at the time of the death of the deceased. Thereafter both A1 and A-2 started harassing the deceased demanding payment of balance amount of Rs.3,00/- towards dowry and 15 days prior to the death of the deceased the accused beat her in the that regard. On informing the same by the deceased, her mother went to Surat, where her son was working, to get the money from her son, the brother of the deceased. However, according to the prosecution in the meanwhile due to the harassment meted out by the accused the deceased consumed poison (insecticide) on 4-6-1997 and died. On coming to know about the incident Dayyala Yelendra, the sister of the deceased, P.W.1, came to the village, where the accused and deceased living and found the dead body of the deceased and thereafter she lodged a complaint with the S.I. of Police, P.W.10, who registered a case in Cr.No.38/97 for an offence under Section 304-B, IPC and sent the First Information Report to all the concerned. Thereafter the Sub-Divisional Police Officer, Jangaon, P.W. 11 after completion of investigation filed the charge- sheet.

(3.) When questioned as to the commission of offence by the learned Assistant Sessions Judge, Jangaon the plea of the accused was one of total denial.