PAPPALA VENKATARAMANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These two appeals arise out of same judgment. While Appeal No. 1007 of 1991 is directed against the conviction and sentence recorded against original accused No. I, the Appeal No. 1248 of 1991 is preferred by the State against acquittal of original accused No.2. They are being disposed of by this common judgment.

(2.) Accused No.1 Pappala Venkataramana is the son of accused No.2 Pappala Satyavatamma w/o Pappala Venkatarajau. Accused No.1 was married to Vasantha D/o Jaddu wRamunaidu. Accused No.1 was serving as an attender in the District Sessions Court of Visakhapatnam. The marriage of Vasantha with accused No.1 took place on 6.4.1988 at Peddapurli village near Palakonda. The marriage was held according to custom. Vasantha died on 14.10.1988 or on the night preceding it. Her dead body was found floating in a public well in Dondaparthy, which is part of Visakhapathnam and in the nearby locality which accused No.1 resides with his parents. These are all not disputed facts.

(3.) The prosecution case is that at the time of the marriage accused No.1 was to be given a dowry of Rs. 20,000/- and a wrist watch and certain other articles. However, only Rs. 19,000/- were actually given at the time of the marriage by the parents of Vasantha and the watch which was offered as a gift did not satisfy in quality. Accused No. 1 as well as his mother were since then very much dissatisfied. Within few days after the marriage both the accused started pestering Vasantha on this account. She was harassed and was told that she was neither good looking nor did her parents give the agreed dowry or a good quality wrist watch and other articles as per custom. She was told that had accused NO.1 chosen some other girl he would have received much more dowry and gifts and a better wife. It is further contended that victim Vasantha had conveyed the demands of her husband and the harassment to her parents during her visits and in her letters written, to his parents. The accused however, did not stop the harassment and ultimately Vasantha committed suicide by jumping into the well on the intervening night of 13/14th of October 1988 i.e. within about 6 months from her marriage. As the death took place so soon after the marriage a crime was registered against accused persons and on due investigation they were sent to face their trial in the Court of the Metropolitan Sessions Judge, Visakehapatnam. Both the accused were charged for offence punishable under Section 498-A I.P.C. and in the alternative for offence punishable under Section 304 B I.P.C. They were also charged with offence punishable under Section 3061.P.C. The defence of the accused was of denial of harassment. According to their version Vasantha was suffering from jaundice or some other disease of her stomach. Neither accused No.1 nor accused No.2 were in the house on the night of incident. Accused No.1 had gone for attending his duty to the Court and accused No.2 was out of town. They are not aware as to how and why Vasantha committed the act. One defence witness was examined.