NIDADAVOLU ANASUYA Vs. PORANKI

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner herein challenging the calendar and judgment dated 10.10.2007, passed by the Sessions Judge, Mahila Court, Vijayawada, in Sessions Case No.125 of 2005.

(2.) THE revision petitioner herein is PW.8, whereas respondent Nos.1 and 2 are A.1 and A.2 and respondent No.3 is the State in Sessions Cas e No.125 of 2005 before the trial Court. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the Sessions Case before the trial Court.

(3.) THE brief facts of the case are that Poranki Radhika (hereinafter referred to as 'the deceased') is the wife of A.1. A.2 is the mother of A.1. Both the accused are residents of Hanumanthapuram village in Pamidimukkala Mandal. PWs.7 and 8 are the parents of the deceased and they are the residents of Santhipuram in Visakhapatnam. Marriage of the deceased with A.1 was held on 29.12.2009 at Kaveri Kalyana Mandapam in Visakhapatnam. At the time of marriage, Ac.1 -00 of land situated at Batl apalika village in Pamarru Mandal of East Godavari District was given by the parents of the deceased towards Pasupukumkuma besides presenting gold ornaments to A.1 and the deceased. A scooter was also given to A.1. Some time after the marriage, both the accused started harassing and ill -treating the deceased demanding her to sell away Ac.1.00 of land and to bring that amount and also for the reason that she was not conceiving early and her parents had not given cash at the time of marriage. The accused also harassed her suspecting that she got her pregnancy aborted at Visakhapatnam at the instance of her parents. Whileso, the deceased again conceived pregnancy and she was admitted in Usha Nursing Home, Vuyyuru for delivery by her parents and she delivered a male child there and thereafter, she was taken to her parents' house in Visakhapatnam. When her male child was 11 months old, the deceased was brought by A.1 to their house on the ground that her father was admitted in the hospital due to his illness and he wanted to see his grand son. Thereafter also, both the accused were harassing and ill -treating the deceased for bringing money by selling Ac.1 -00 of land. Whileso, on 21.09.2004 at about 2:00 p.m, the deceased telephoned her parents from the house of Poranki Gangaraju of Hanumanthapuram and asked them to come and take her to their house for the reason that both the accused abused and abetted her to die. A.1 also beat the deceased with hands. Both the accused did not send the deceased to her parents' house even though her father requested the accused to send the deceased to their house in Visakhapatnam. Thus, due to the said harassment of both the accused and the abetment of the accused, the deceased committed suicide in the early hours of 22.09.2004 by hanging in the house of the accused. After receiving the information of commission of suicide by the deceased, PW.1 went to the house of accused, found the deceased dead in hanging position and gave a written report Ex.P1 to the police. After receiving the report, PW.12 -Sub -Inspector of Police registered the case in Cr.No.119 of 2004 for the offence punishable under Section 174 Cr.P.C and took up investigation. PW.12 visited the scene of offence on 22.09.2004, observed the scene of offence, prepared the rough sketch and got the scene of offence photographed. On receiving information about the death of the deceased, her parents came to the house of the accused. The Mandal Revenue Officer, Pamidimukkala, also visited the scene of offence, conducted inquest over the body of the deceased on 23.09.2004 and recorded the statements of the parents and other blood relatives of the deceased. PW.12 -Sub Inspector of Police also examined and recorded the statements of witnesses in this case and thereafter he altered the section of law from Section 174 Cr.P.C to Sections 498 -A and 306 I.P.C. On 25.09.2004 at 09:00 a.m, PW.12 arrested the accused at their house and later sent them to the concerned Court for judicial custody. After receiving the post -mortem report and other reports and after completing the investigation, PW.12 filed charge sheet into the Court.