ANGIREKULA RAMKRISHNA Vs. STATE OF A P

JUDGEMENT

(1.) This criminal appeal is preferred by appellant - A1 questioning the judgment, dated 12/10/2001, passed in Sessions Case No. 160 of 1998 on the file of the Court of the II Additional Sessions Judge, Guntur, wherein learned Additional Sessions Judge while acquitting A2 to A4 of the offence punishable under Section 304-B IPC and A1 to A4 of the offence punishable under Section 302 IPC, found the appellant- A1 guilty of the offence punishable under Section 304-B IPC.

(2.) The case of the prosecution, in brief, is as follows: The appellant is the husband of one Angirekula Nagamani (hereinafter referred to as 'the deceased'). A2 is the brother and A4 is the mother of A1. A3 is the wife of A2. PWs.1 and 2 are the parents and PW4 is the sister of the deceased. The deceased was married to A1 at Ramaswami Kalyanamandapam, Repalle. At the time of marriage PW1 gave Rs. 1,00,000.00 as dowry and one gold ring to A1, one gold bangle weighing about 11/4 sovereign, gold ear studs weighing about % sovereign and ear studs weighing about sovereign to the deceased. After marriage, the deceased and A1 were residing at Guntur. In the month of January 1996, the appellant beat the deceased to bring money from PW1. The deceased informed the same to PW1, who in turn, handed over the said amount to the deceased and asked her not to demand any amount further. Again in the month of March 1996, the deceased came to PW1 and requested him to pay Rs. 10,000.00 for repairing Photostat Machine and he paid the same in the presence of PW8. Thereafter, in the month of May, 1996 A1 beat the deceased and burnt her thighs and hands with cigarette butts and sent her to PW1 demanding Rs.50,000.00 for purchase of new Photostat Machine. Thereafter, PW1 sent the deceased and PW2 to Angalakuduru to his elder brother-in-law's house to stay for some days. Ten days thereafter, A1 went there and made the deceased to believe that he would not ill-treat her and took her to Guntur. On 31/5/1997 at about 7 or 8.00 a.m., PW8 informed PW1 that the deceased died, upon which PW1 gave Ex.P1 report to the police, which was registered as a case in Crime No.56 of 1997 for the offence punishable under Section 304-B IPC. The Sub-Inspector of Police, Repalle, who was examined as PW 18 sent Ex.P10 express FIR to all concerned. Thereafter, on 1-6-1997 the Inspector of Police, Repalle, took up investigation. On requisition, the Mandal Revenue Officer, Repalle conducted inquest over the dead body of the deceased. Later the case was transferred to Arundalpet Law and Order Police Station on the point of jurisdiction, where the case was reregistered as Crime No.87 of 1997. The Deputy Civil Surgeon, Government Hospital, Repalle, who was examined as PW 17 conducted autopsy over the dead body of the deceased and issued post-mortem certificate opining that the deceased died of shock and haemorrhage, due to injury to the spleen. On 6-6-1997 the Inspector of Police Law and Order Police Station, Guntur (PW20) conducted further investigation. He visited the scene of offence and prepared rough sketch of the house of A1 and after completion of entire investigation, charge-sheet was laid against the accused.

(3.) On appearance of accused and on hearing both sides, learned Additional Sessions Judge framed a charge under Section 304-B IPC or in the alternative, a charge under Section 302 of IPC against A1 to A4, read over and explained to them in Telugu, for which they pleaded not guilty and claimed to be tried.