PATHAN HUSSAIN BASHA Vs. STATE OF A P

JUDGEMENT

(1.) A-1 to A-3 in S.C.No.3i20 of 2003 on the file of the V Additional Sessions Judge, Guntur, preferred the present Appeal challenging the convictions and sentences imposed on them by the said Court under Sections 498-A and 304-B of I.P.C., through its Judgment, dated 04-10-2004. The accused were charged for the offences under Sections 498-A and 304-B of I.P.C. for subjecting the deceased to cruelty and harassment leading her to commit suicide at 11-00 AM on 15-02-2003 at their house. The accused denied the charge and claimed for trial.

(2.) The case of the prosecution leading to the conviction of the appellants is, briefly, as follows: A-1 is the husband and A-2 and A-3 are the parents in law of the deceased Pathan Haseen Begum. The marriage of the deceased was performed with A-1 on 23-06-2002 at Guntur. At the time of marriage, PWs.1 and 4 promised to pay a dowry of Rs.25,000/- to A-1 besides other formalities, but they could pay only Rs.15,000/- at the time of marriage and promised to pay the balance amount in October, 2002. The marriage was performed, but PW-1 could not keep up the promise due to financial constraints, therefore, the accused forced the deceased to bring the balance dowry amount from her parents, but it could not be paid, therefore, all the accused harassed the deceased and subjected her to cruelty by refusing to send her to the house of PWs.1 and 4. The deceased was telling PWs.1, 4 and others about the harassment caused by the accused. The deceased, being unable to bear with the harassment caused by the accused, committed suicide at 11-00 AM on 15-02-2003 by hanging herself in the house within eight months from the date of marriage. On a report given by PW-1, a crime was registered and after investigation, the police laid the charge sheet.

(3.) The prosecution, in order to prove the guilt of the accused, examined PWs.1 to 11 and marked Exs.P-1 to P-22 and M.O.1, Saree of the deceased. On defence side, no oral or documentary evidence was adduced. The lower Court, after considering the oral and documentary evidence adduced by the prosecution, came to a conclusion that the prosecution proved the guilt of the accused beyondl reasonable doubt and accordingly, convicted all the accused for the offence under Section 498-A of I.P.C. and sentenced to undergo rigorous . imprisonment for three years and also to pay a fine of Rs.1,000/- each, in default to suffer simple imprisonment for nine months. They were also convicted for the offence under Section 304-B of I.P.C. and sentenced to undergo imprisonment for life. Both the sentences were directed to run concurrently. The accused, being aggrieved by the Judgment of the lower Court, dated 04-10-2004, preferred the present Appeal challenging its validity and legality.