PEDIGALA GANADHAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A-1 in Sessions Case No. 465 of 1996 on the file of the learned Additional Sessions Judge, Nizamabad is the appellant herein. Through a judgment dated 21-9-1999, the appellant was convicted for the offence under Section 304-B of the Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for 7 years and further sentenced to pay af ine of Rs.200/-, in default, to suffer simple imprisonment for two months. The parents-in-law of the victim and brother of A-1, who were arrayed as A-2 to A-4, were acquitted. No appeal was preferred by the State against their acquittal.

(2.) The story of the prosecution in short is that the deceased Vijaya is the wife of A-1, their marriage having been performed on 20-05-1994. P.W.1 Gajula Gangadhar and his wife P.W-2 Suseela are parents of Vijay. At the time of marriage, they gave a cash of Rs,25,000/-five grams of gold ring, household articles worth Rs. 10,000/- and cloths worth Rs. 5,000/- for clothes, towards dowry. The accused started harassing Vijaya for additional dowry. P.W.1 requested A-1 and his family members not to harass, however, they did not stop harassing her. It was represented before the marriage that A-1 was a tailor. Later they came to learn that A-1 did not knowtailoring work. P.W.1-Gujula Gangadhar advised A-1 to learn tailoring work at Pitlam. Accordingly, A-1 and his wife went to Pitlam, took a portion of the house of P.Ws.3 and 4 on a rent. While they were residing at Pitlam, A-1 started harassing the deceased to get additional amount of Rs.20,000/-. The deceased was informing about her plight to her parents. On one occasion, P.W.1 took his brother P.W.5-P. Kistaiah and raised a dispute before the caste elders P. W.6-B. Venkagoud and others, on that the accused promised before them that he would not demand any additional dowry.

(3.) Since the earnings at Pitlam were insufficient, A-1 and his wife intended to shift from Pitlam village. While the wife insisted to go to Yellareddy to her parents' house, A-1 insisted that they should go to Maddelacheru, to his native place. On 16-06-1995 by 8 a.m. they packed their entire samans. When A-1 went outside the deceased Vijay committed suicide by hanging to a rafter with her saree. A-1, having found the condition, took her to the Government Hospital at Banswada. A-4, the brother of A-1, went to P.W.1 at about 10 a.m. and informed that the condition of the deceased was serious and she was taken to Banswada Hospital. Immediately, P.Ws.1 and 2 rushed to Banswada Hospital saw the deceased in unconscious state and found she was emanating froth from her mouth. P.W.9 Dr. P. Srinivasa Prasad, having found her condition to be serious referred the deceased to Government head quarters hospital at Nizamabad, where she died at about 5 p.m.