MOHD ZIAUDDIN Vs. STATE OF A P

JUDGEMENT

(1.) Parveen Begum, wife of the appellant, (hereinafter referred as the deceased) was found dead hanging on 06-12-1997 at 9-00A.M. The appellant, his mother, his sister, his sister's husband and his another sister were arrayed as A-1 to A-5 respectively in S.C. No. 324 of 1998 on the file of the Court of the I Additional Metropolitan Sessions Judge, Hyderabad, in connection with the death of the deceased, charging them with an offence punishable under Sec. 304-B of the Indian Penal Code, 1860. The learned I Additional Metropolitan Sessions Judge vide judgment dated 28-08-2001 while holding A-2 to A-5 are not guilty of the said offence, found the appellant - A-1 guilty of the said offence and accordingly convicted and sentenced him to undergo rigorous imprisonment for a period of seven years. As against the said conviction and sentence the appellant preferred this criminal appeal.

(2.) There is no dispute of the fact that the death of the deceased was unnatural. The case of the prosecution, in brief, is that the marriage between the deceased and the appellant was performed in the year 1994 and at the time of marriage an amount of Rs. 10,000.00 was paid to the appellant towards Jhoda-Ghoda, three tulas of gold ornaments and also necessary household articles. Immediately, their marriage was consummated and they both lived happily for about six months. Subsequently, according to the case of the prosecution, all the accused started demanding dowry of Rs. 20,000.00 from the deceased, motor cycle for the appellant and also to replace almirah which was given to her at the time of her marriage. Thus all the accused were harassing and ill-treating the deceased. Out of their wedlock the deceased gave birth to two daughters and they are aged about two years and one year respectively. Despite the fact that the father of the deceased who was examined as PW-1 expressed his inability to satisfy the demands, they had been insisting upon the payments and they were even refusing to send the deceased to her parents' house. However, PW-1 agreed to meet the said demands in the month of Ramzan. Ten or fifteen days prior to the death of the deceased all the accused beat her and sent her away from their house asking her to bring the dowry amount, motor cycle and other articles which were demanded earlier. Two days thereafter PW-1 along with other mediators (not examined) along with the deceased visited the house of the accused, pacified the matter and promised to fulfill their demands. Thus, the deceased again joined the company of the appellant. On 05-12-1997 at about 8-00 or 8-30 A.M. when PW-1 went to the house of the accused the deceased told him that her husband beat her, as the demands were not fulfilled and so saying she wept before him. However, he pacified her saying that he will fulfill the demands by the date of Ramzan. On 06-12-1997 when he was at Miralam Mandi, his nephew Saleem (not examined) came to him and informed him that the deceased died at her in-laws house. Then immediately PW-1 and others went to the house of the accused and found the body of the deceased hanging to the hook of a fan with a saree. Thereafter he went to Rein Bazaar Police Station and gave a complaint, which was marked as Ex.P1. On the foot of the said complaint, PW-9, the Inspector of Police, registered a case in Crime No. 184 of 1997 for the offence punishable under Sec. 304-B of Penal Code and issued copies of First Information Reports to all the concerned. The FIR was marked as Ex.P8. Thereafter PW-9 proceeded to the scene of offence and conducted scene of offence-cum-observation panchanama in the presence of panchayatdars i.e., PW-5 and another. The said observation panchanama was marked as Ex.P4. Thereafter, he removed the body of the deceased and shifted to the Osmania General Hospital for the purpose of postmortem examination.

(3.) It is also the case of the prosecution that on a requisition, the Mandal Revenue Officer, who was examined as PW-7 conducted inquest over the dead body of the deceased in the presence of PW-6 and another. The said inquest report was marked as Ex.P5. The doctor, who was examined as PW-8, was requisitioned to conduct autopsy over the dead body of the deceased conducted autopsy and found the following ante mortem ligature: