LAWS(APH)-2006-4-32

M MADHUSUDHAN RAO Vs. STATE OF A P

Decided On April 12, 2006
M.MADHUSUDHAN RAO (A-1) Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This is an appeal filed by the appellant- A.1 against the conviction and sentences, dated 14/2/2003, passed against him in Sessions Case No. 129 of 1998 on the file of the IV Additional Metropolitan Sessions Judge, Hyderabad.

(2.) The appellant herein is the first accused before the trial Court and therefore, he will be referred hereinafter in this judgment as accused No.1.

(3.) Relevant facts, in brief, are as follows: The appellant married the de facto complainant-B.Ganga Manohari(P.W.1) on 24/11/1993. On 22/5/1996 she sent a report to the Additional D.G.P., CID, Hyderabad, alleging that the appellant is her husband, who is working as R.S.I., at Security Printing Press and at the time of marriage, on insistence of her husband and his mother-A-2, her father presented to her one house, cash of Rs.60,000.00, sixtulas of gold, another Rs.50,000.00 worth of house hold articles as gift to them on her name and that after the marriage, her husband-A-1 has been pressurising her to bring Rs.50,000.00 and he is beating her, scolding, shouting, threatening to kill her and on certain occasions, her husband pressed her neck saying that he will kill her and subjected her to lot of mental and physical torture and her mother-in-law(A-2), her husband's brother-Prabhakar and his wife-Mrs. Bhagyalakshmi(A-4), Mrs.Durgadevi(A-S), the second sister-in-law of her husband, and Mr.Venugopal, her husband's last brother also used to help her husband in beating her and harassing her. It is further alleged that one Mrs.Jalaja, working as Telephone Operator in Reserve Bank of India, also used to threaten her by saying that her husband (A-1) married her and he did not like to stay with P.W.1. It is further alleged that her husband got all sorts of bad habits like gambling, drinking, playing cards, moving with anti-social element friends etc. About six months back her husband and his family members made first attempt to eliminate her by forcibly pouring poison into her throat and when her condition became serious, the accused informed her parents that she took poison and even then, she did not make any complaint against her husband. Again on 19-04-1996 at about 11.00 a.m. her husband/A-1 , his mother 7A-2, his second brother's wife/A-3 and her husband's third brother's wife/A-4 forced her to consume poison and that she was admitted in Sri Devi Nursing Home, Seethaphal Mandi, at about 2.30 p.m. in an unconscious state and that when she was in semi-conscious state, the Police took her statement and she did not know what statement the Police took from her. Her husband informed her parents only in the evening though she was admitted in the hospital at 2.30 p.m. and that her parents came and saw her and later lodged a complaint with the Chilakalaguda Police Station against her husband and his family members, but unfortunately, no action has been taken by the police. It is further alleged that she was discharged from the hospital on 22-04-1996 and she went to her parents house and since then she is staying with her parents and that neither her husband nor his family members came to her parents house to enquire about her welfatre and further, hur husband even threatens her parents and hence, action may be taken against her husband and his family members.