SUNKOJI LAXMANA CHARY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused in Sessions Case No. 65/89 is the appellant herein who was prosecuted in the Court of the Additional Sessions Judge, Medak at Sangareddy, under one charge punishable under Section 304(B), I.P.C. The ground of the charge is as follows : That Sridevi wife of the accused died on 25-7-1988 by jumping into a well at Guomadidala village in a manner other than in normal circumstances within three years two months from the date of her marriage, becuase of the accused subjected Sridevi to cruelty and harassment before her death in connection with demand for more money by way of dowry and thus it is alleged by the prosecution that the accused has committed dowry death an offence punishable under Section 304(B), I.P.C.

(2.) It is not in dispute that the deceased was married to the accused three years prior to the incident i.e. on 25-5-1985. At the time of the marriage, according to the version of P.W. 1 he had given Rs. 10,000.00 by way of dowry. He had also given clothes, gold and silver ornaments to the accused and his daughter at the time of the marriage. Some altercation took place at the time of the marriage between the brothers of the accused and P.W. 1 who happened to be the father of the deceased. The brothers of the accused demanded that he should serve food first to the band players. Such dispute cannot be treated as a serious dispute at the time of the marriage. Ultimately the marriage was celebrated.

(3.) It was further alleged by the prosecution that after the marriage the accused continued to harass his wife and beat her for the purpose of getting more money of dowry. The financial position of P.W. 1 was not proper and therefore every time he could not comply with the demands made by the accused. Ultimately the deceased was found dead in a well on 25-7-1988.