BALIVADA RAVI KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is preferred by A-1 against the judgment dated 19-12-2001 passed in S.C. No. 53 of 1998 on the file of the IV Additional Sessions Judge, Visakhapatnam, whereby, the learned Additional Sessions while acquitting A-2 and A-3 convicted A-1 of the charges under Sections 498-A and 306 of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for a period of one month for the offence publishable under Section 498-A IPC, and further sentenced him to undergo rigorous imprisonment for a period of (3) three years also to pay a fine of Rs. 2,000/-, in default, to suffer sample imprisonment for a period of three months, for the offence punishable under Section 306 IPC while ordering to run both the sentence concurrently. The case of the prosecution in brief is as follows:

(2.) The appellant is the husband of the deceased and A-2 and A-3 are the parents of the appellant. P.W.1 is the mother of the deceased and the marriage between the deceased and A-1 was performed on 21-12-1988. A-1 does not belong to the caste of P.W.1. At the time of marriage, P.W.1 gave an amount of Rs.20-000/- by was of cash, 7 1/2 tulas of gold, 50 tulas of silver and one Luna Moped to the appellant towards dowry. At the time of marriage the appellant was working as Warden in S.T. Hostel at Ravikamatham. Accused No.2 was working as Nursing Superintendent at T.B. Hospital, Visakhapatnam and Accused No.3 was working as Head Nurse in the same hospital. It is further alleged that all the accused used to harass the deceased for additional dowry from the date of the marriage. It is also alleged that the accused used to demand transfer of the house of P.W.1 in the name of the appellant or the deceased. As the said demand was not met, A-1 to A-3 did not allow the deceased to P.W.1's house. When P.W.1 went to see her daughter, i.e., the deceased, A-2 and A-3 abused her and did not allow her to see the deceased. In the year 1990, one Surya Rao, who was examined as P.W.5 went to the house of the accused for settling disputes, but in vain. After 1990, the deceased and the appellant used to go to the house of P.W.1, now and then. It is further stated by the prosecution that A-1 beat the deceased in the presence of P.W.1. The deceased was blessed with second son on 6-8-1993 and Barasala of the said child was performed on 4-11-1993. The appellant expressed his displeasure for not handing over gifts received at the time of Barasala. On 15-11-1993, at about 6 a.m., the tenant of P.W.1 received a phone call from the third accused requesting P.W.1 to come to Anakapalle. However, A-2 and A-3 went to P.W.1 's house at Anakapalle and all of them went to the house of the accused and found the deceased dead on a cot. P.W.1, later, was informed by the appellant that the deceased committed suicide. Thereafter, P.W.1 lodged a complaint at Anakapalle P.S, in pursuance of which, the criminal law was set in motion and a case in Crime No.204 of 1993 was registered for the alleged offence punishable under Section 304-B IPC. The express F.I.R was marked as Ex.P-10 and the complaint is marked as Ex.P-1. The Sub Inspector of Police, who was examined as P.W.10, took up investigation, visited scene of offence and collected the suicide note marked as Ex.P-9. Thereafter, the Deputy Superintendent of Police, who was examined as P.W.11, on information, visited the scene of offence and requested the Mandal Revenue Officer to conduct inquest over the dead body of the deceased and the Mandal Revenue Officer conducted inquest over the dead body of the deceased and recorded the statements of P.Ws.1 to 3 and others under Section 161 Cr.P.C. P.W.12, the Deputy Tahasildar, Anakapalle, who was incharge M.R.O., Anakapalle, on requisition, visited the scene of offence and conducted inquest over the dead body of the deceased and the said inquest panchanama is marked as Ex.P-13. Thereafter, on a requisition, the Civil Assistant Surgeon, Government Hospital, Anakapalle who was examined as P.W.8 conducted autopsy over the dead body of the deceased at about 4.30 p.m. on 15-11-1993 and issued Post mortem Certificate, Ex.P-6. According to the said doctor, the death is due to Asphyxia due to hanging. After completion of investigation, the Sub Divisional Police Officer, Anakapalle laid charge sheet against the accused for the offence under Section 304-B of IPC.

(3.) After appearance of the accused, the Court below framed charges under Sections 498-A and 306 of IPC, read over and explained to them in Telugu, for which they pleaded not guilty and claimed to be tried.