KOLLURU KOTESWARA RAO Vs. STATE OF A P

JUDGEMENT

(1.) This is an appeal by A-l to A-3 against the judgment dated 24-8-1992 in S.C.No. 327of 1991 passed by the learned II Additional Sessions Judge, Guntur, convicting and sentencing A-l to A-3 to undergo rigorous imprisonment for one year for the offence punishable under Section 498-A of Indian Penal Code and to undergo seven years rigorous imprisonment for the offence punishable under Section 304-P of Indian Penal Code.

(2.) The case of prosecution is that A-l to A-4 were residents of Kolluru Village. A-1 is a son of A-2 and A-3, A-4 is a dose friend of A-1. P.Ws. 2 and 3 are parents of Kanaka Durga @ Durga, (hereinafter referred to as the deceased'). P.Ws. 1 to 3 were residents of Vijayawada. P.W.I is the maternal uncle of the deceased. A-l to A-4 and P.Ws. 1 to 3 and the deceased belong to washerman community. The deceased was married to A-l in the month of June, 1988. A sum of Rs. 5,000/ - and other household articles were given as dowry to A-l at the time of marriage. The deceased came to her parental home in the month of Ashadamasam as per custom. A-l wrote a letter demanding "Ashada patti" including a steel almirah and a double cot. The financial position of the parents of deceased did not permit them to comply with the demand of A-l. The deceased was sent to matrimonial home during Shravanamasam. She was harassed by A-1 to A-3 for not getting dowry on par with A-l's elder brother, who was paid Rs. 8,000/- as dowry. A-l to A-3 also demanded money to buy she-buffalo and to secure a job of Police Constable. In the month of October, 1989, the deceased was sent to her parents house to get Rs. 2,000/- besides steel almirah, double cot and wrist watch lest she would not be allowed to lead marital life. The deceased returned to her matrimonial home with Rs. 500/- towards the watch for A-l. As the harassment for additional dowry and other demanded articles continued, the deceased on 13-3-1990 between 1.30 p.m. and 4 p.m., in the absence of A-l to A-3, commitied suicide by hanging. A-2 returned home at about 4 p.m. and found the doors of the house bolted from inside. He secured the presence of P.W.4 and others and with their help broke open the doors and removed the dead body of the deceased and kept the same on the wastern side of the house. On the same day, P.W.6 went to Vijayawada and informed P.Ws. 1 to 3 about the death. P.Ws. 1 to 3 came to Kolluru and noticed the dead body of Durga. On 14-3-1990 at 6 a.m. P.W.I gave Ex.P-1 complaint at Kolluru Police Station on which P.W.12 S.I. of Police, Kolluru Police Station, registered a case in Crime No. 24 of 1990 and the case was investigated. P.W.10- Mandal Revenue Officer, Kolluru, prepared Ex.P-3 observation report for the scene of offence and also prepared Ex.P-3 inquest report over the dead body in the presence of panchas including P.W.8. After inquest, on requisition, P.W.1l, Assistant Civil Surgeon, Government Hospital, Tenali, conducted autopsy over the dead body and issued Ex.P-34-post mortem certificate opining that the deceased would appear to have died of asphyxia due to hanging, between 24 and 36 hours prior to autopsy.

(3.) After completion of investigation and enquiry, A-l to A-4 were tried for the following charges: First, that A-l to A-3 prior to 13th March, 1990 at Kolluru village after A-l's marriage with deceased, within two years of marriage subjected her to cruelty by their wilful conduct of harassing her to bring additional dowry, a double cot, wrist watch and almirah as Ashada patti' from her parents and by the said acts drove her to commit suicide and thereby committed the offence punishable under Section 498-A of IPC; Secondly, that on or about the same day, time and place, and in the course of above transaction, thedeceased committed suicidebyhangingin theirhouse and A-l to A-4 abetted its commission by subjecting her to physical and mental torture by demanding additional dowry and other articles and thereby committed the offence punishable under Section 306 of IPC; Thirdly, that A-l to A-4 on or about the same day, time and place and in the course of the same transaction subjected the deceased to cruelty and harassment in connection with their demand for additional dowry and other articles which acts led her to commit suicide by hanging within seven years of her marriage with A-l, and thereby committed the offence punishable under Section 304-B of IPC.