DERANGULA NAGESWARA RAO Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in Sessions Case No.48 of 1998 on the file of the Sessions Judge, Manila Court, Vijayawada, is the appellant herein and he prefers this appeal, questioning the conviction and sentence of Eight years Rigorous Imprisonment and also fine of Rs.20,000.00 (Rupees twenty thousand), imposed by the learned Sessions Judge for an offence punishable under Section 304-B of I.P.C.

(2.) The case of the prosecution, in brief, is as follows :

(3.) PW-1 is the father, PW-2 is the mother, PW-3 is the grandmother, PW-4 is the uncle and PW-6 is the sister of the deceased. The marriage of deceased was performed with the accused/appellant on 5th of March, 1995 at Tirupathi and at the time of marriage, PW-1 agreed to pay an amount of Rs.20,000.00 towards dowry in the month of July, after realizing the prize amount due from a chit. The accused agreed for it and married the deceased. It is alleged that PW-1 was ready to pay the amount, but the deceased asked him not to pay the said amount to the accused/appellant, as he was addicted to gambling and was quarrelling with her. After consulting the accused and also the deceased, PW-1 put the said amount of Rs.20,000/- in their joint account in Andhra Bank, Krishnalanka Branch. It is the further case of prosecution that inspite of the said deposit, the accused v/as quarrelling with the deceased and she left the house of the accused within three months after the marriage. The accused, along with his family members, came for mediation and the elders, after admonishing the accused, asked him to look after the deceased well. PW-1 also advised the deceased that such problems would be there in early marital life. PW-7, the mediator, also advised the accused to stay in the house of PW-1 for four days and then the deceased would be sent with him. The accused and deceased remained in the house of PW-1 on 26-5-1996 and 27-5-1996. On the night of 27-5-1996, both of them went to a movie. On the morning of 28-5-1996, PWs.1 and 2 went to Seethanagaram to attend a marriage. While they were at the marriage, PW-5 came and informed about the deceased hanging herself after quarrelling with the accused. PW-1 came back to his house and found the body of the deceased hanging. He grieved for her and then went to the Police Station and lodged a report with PW-11 the Sub-inspector of Police, who registered a case in Crime No.202 of 1996 for the offence punishable under Section 304-B of I.P.C. The said report is marked as Ex.P-14. Later, he proceeded to the scene of offence and posted a guard there. The Assistant Commissioner of Police, who was examined as PW-12, took up further investigation. He also proceeded to the scene of offence, examined PWs.1 to 7 and recorded their statements. On the next day i.e. on 29-5-1996, he inspected the scene of offence, prepared Ex.P-10 scene of offence observation report and also prepared Ex.P-18 rough sketch of the scene. After completing the inquest and preparation of inquest report marked as Ex.P-9, the dead body was sent for post-mortem examination. P.W-8 conducted autopsy over the dead body of deceased and issued Ex.P-8 postmortem report. According to the Doctor, the cause of death was Asphyxia due to hanging.