N KRISHNAMURTHY Vs. STATE OF A P

JUDGEMENT

(1.) One Sivagangulamma @ Sivamma ayoung woman - aged 24 years (hereinafter referred to as the deceased') committed suicide on 3-6-1999 by jumping into an irrigation well near Kattakinda village fields of Thavanampalll Mandal.afterthrowing her three children viz., Bharath Kumar, Yamini and Thulasi Prasad into the said well, within seven years of her marriage. Alleging that the said death of deceased is a dowry death, her husband and parents-in-law, who are appellants herein were tried as A-1 to A-3 in S.C.No.173 of 2000 on the file of the Court of the VII Additional District and Sessions Judge, Chittoor, for the offence punishable under Section 304-B of the Indian Penal Code, 1860. On trial, learned Additional Sessions Judge found A-1 to A-3 guilty of the offence punishable under Section 304-B of IPC and accordingly convicted and sentenced them to undergo rigorous imprisonment for seven years each. As against the said judgment, dated 9-11 -2001, appellants have preferred this criminal appeal.

(2.) Case of prosecution, in brief is that A-1 is the son of A-2 and A-3. The marriage between A-1 and deceased was performed on 12-11-1992 at Mogileswaraswami temple, Mogili, Bangaripalem Mandal as per Hindu rites and customs. Prior to the said marriage, there were marriage talks and at that time A-1 to A-3 demanded a dowry of Rs. 25,000.00 and gold jewels, such as two- rows gold chain weighing about 30 grams; one pair of gold ear studs with jumkees about 10 grams; gold vanki ring about 6 grams; gold ring 4 grams; gold minor chain 10 grams; gold ginne-bottu about half a gram, from the father of deceased, who was examined as P.W.3. P.W.3 agreed to give all the gold jewels, except one pair of jumkees and instead, he agreed to pay a cash of Rs. 10,000.00 only in the presence of P.W.5 and one B. Ramamurthy (LW-8). Atthetimeof marriage, P.W.Sgaveall gold jewels, except cash of Rs. 10,000.00, as promised, and agreed to pay the same at a later point of time. After marriage, deceased went to the house of her parents-in-law i.e. at Govindareddipalli village and was leading marital life with A-1. While so, A-1 to A-3 started harassing deceased to bring Rs. 10,000.00, vessels and other articles from her parents. Subsequently, parents of deceased paid an amount of Rs.10,000.00 to A-1. In spite of that A-1 to A-3 continued to harass the deceased to bring a television set and almirah etc., and in those circumstances, deceased went to her parents' house at Neelapalle with her children and stayed there.

(3.) It is the further case of prosecution that on 21-1-1995, P.W.11 and two others held a mediation regarding the dispute between deceased and A-1 and on the same day A-1 executed a document promising that he would not cause any harm to the deceased. Thereupon, deceased went to the house of accused at Govindareddipalli along with her children. However, A-1 to A-3 continued to harass the deceased, and unable to bear the said harassment, deceased threw her three children viz., Bharath Kumar, Yamini and Thulasi Prasad into an irrigation well of accused and she also jumped into the same well with a view to committing suicide and all the four drowned and died. Later, on 3-6-1999, based on a complaint given by the Village Administrative Officer, Gajulapalle, who was examined as P.W. 1, the Station House Officer, Thavanampalli Police Station, registered a case in Crime Nos. 25 to 28 of 1999 under Section 174 of the Code of Criminal Procedure, 1973 (for short, 'the Code'). On 4-6-1999, on receipt of complaint from P.W.3, Sub Inspector of Police, Thavanampalli Police Station, who was examined as P. W. 14, altered the section of law from Section 174 of the Code to one under Section 304-B of IPC. The Mandal Revenue Officer, Thavanampalli, who was examined as P.W.10 conducted inquest over the dead bodies of deceased and her three children. P.W.6 conducted autopsy over the dead body of deceased-wife and issued Ex.P-11 postmortem certificate opining that deceased would appear to have died due to asphyxia due to drowning. P.Ws.7 to 9 conducted autopsy overthe dead bodies of the children of deceased and issued Exs.P-12 to P-14 postmortem certificates opining that they would appear to have died of asphyxia due to drowning. After completion of investigation, P.W.15 filed charge sheet.