ALLAM SATYANARAYANA Vs. STATE OF A P

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 3-1-2002 passed in Sessions Case No.87 of 1999 on the file of the Sessions Judge, Mahila Court, Visakhapatnam, whereby and where under the learned Sessions Judge found A-1 Allam Satyanarayana guilty of the offences under Sections 304-B and 498-A IPC and convicted him accordingly and sentenced him to undergo rigorous imprisonment for 7 years for the offence under Section 304-B IPC, and to undergo simple imprisonment for three years and to pay a fine of Rs.1,000.00, in default, to suffer simple imprisonment for one month, for the offence under Section 498-A IPC and directed both the substantive sentences to run concurrently. However, the learned Sessions Judge found A-2 Pallanti Narasinga Rao and A-3 Pallanti Uma Devi not guilty of the offences under Sections 304-B and 498-A IPC and accordingly, acquitted them of the same.

(2.) The appellant herein is A-1 in Sessions Case No.87 of 1999 on the file of the Sessions Judge, Mahila Court, Visakhapatnam. He along with two other accused persons viz., Pallanti Narasinga Rao (A-2) and Pallanti Uma Devi (A-3) was put on trial for the offences under Sections 304-B and 498-A IPC.

(3.) The prosecution case, in brief, is: A-3 Pallanti Uma Devi and A-2 Pallanti Narasinga Rao are sister and brother-in-law respectively of A-1 Allam Satyanarayana. PW.3 Pillala Vijaua Gopala Rao has three daughters through his first wife-Dwaraka. He married PW.4 Meenakshi after the death of his wife-Dwaraka. He has two sons through second wife-PW.4 Meenakshi. His eldest daughter (Monika) through his first wife got married to A-1 Allam Satayanarayana on 19-8-1996. A-1 Allam Satyanarayana was working as a trainee spot news sub-editor in Andhra Jyothi as on the date of marriage. At the time of marriage, PW.3 gave cash of Rs.1,00,000/- as dowry and presented 6 tolas of gold ornaments and Rs. 10,000/- towards "Aadapaduchu Lanchanams". Monika was appearing for B.Ed, final examinations in the year 1996. After completing B.Ed, examinations, she joined with A-1 at Vijayawada for marital life. In the month of May, 1997 A-1 shifted his residence to Visakhapatnam and joined as Sub-Editor in Andhra Jyothi, Visakhapatnam. Monika and her husband/A-1 stayed in the house of PW.3 for about 15 days. 5 or 6 days after A-1 joining as Sub-Editor, Andhra Jyothi, Visakhapatnam, he demanded Monika to bring money from her parents so as to secure a rented house for their residence. PW.3 expressed his inability and advised Monika to stay in his house for some more days. It is alleged that A-1 beat Monika with a belt on the ground that she could not secure the amount as demanded by him. PW.3 claims to have seen the injury sustained by her due to the beatings given by A-1 with a belt. A-1 and Monika put up in a portion of the house owned by PW. 1 Karanam Naidu on rent. Monika secured employment as Teacher in the month of July, 1997. A-1 demanded Monika to bring Kurl-on bed and cot, iron safe, sofa set and provisions for two months from her father (PW.3). PW-3 expressed his inability to comply the demand of A-1. On 14-8-1997 the accused telephoned PW.3 and asked him to come over to his house. PW.3 was informed by PW.l over phone that Monika was in trouble. On receipt of telephone calls, PW.3 went to the photo studio of Pillala Satyanarayana (PW. 13). He accompanied by PW. 13- Pillala Satyanarayana went to the house of A-1. As soon as they entered the house, A-1 started abusing him stating that without disclosing that Monika is his daughter through his first wife and that he has two more daughters through his first wife and that Monika has been married to him though she is not beautiful. A-1 stated to have proclaimed that he would not allow Monika to live with him unless the demands made by him were complied. In the month of October, 1997 Monika telephoned to her step mother (PW. 4) that she got her pregnancy aborted on the pressure exerted by A-1. When her step mother (PW.4) questioned Monika as to why she succumbed to the pressure, she informed her that she was in a hell and therefore, she did not want to bring her child to the same hell. In the month of November, 1997, Monika asked her father (PW.3) to give Rs.200/- to perform Punnami Pooja in Karthika Masam. When PW.3 offered Rs.500/-, she did not accept the entire amount and she returned Rs.300/-. When PW.3 asked her as to why she did not receive the entire amount, she told that A-1 would not be satisfied even if L.I.C. building was conveyed to him. In the month of December, 1997 the mother of PW.3 died and therefore, he along with his wife (PW.4) went to Calcutta. While PW.3 was in Calcutta, A-1 telephoned PW.5, who is the brother of Monika, asking him to come to the house. Therefore, PW.5 went to the house of A-1 and in his presence A-1 beat Monika and threw her suitcase out of the house and asked PW.5 to take away Monika along with him. PW.5 did not take Monika with him since his parents were away from Visakhapatnam. 18-1-1998 happens to be the birthday of PW.3 P. V. Gopal Rao. Monika came to the house of PW.3 on 18-1-1998 and asked him to give gold pendant which he purchased during Monika's childhood days. PW.3 refused to give the gold pendant on the ground that the same is to be given to her child. Monika told PW.3 that she would face some problems if she did not take gold pendant to her house. On the intervening night of 21/22-1-1998 at 00.30 hours, PW.3 received telephone call from the landlord (PW. 1) that Monika died. PW.3 accompanied by his wife-PW.4, his son-PW.5 and neighbours went to the house of A-l and found Monika (hereinafter referred to as 'the deceased') lying dead. PW.3 went to IV Town Police Station, Visakhapatnam and presented Ex.P2 report. The Sub-Inspector of Police, received Ex.P2 report on 22-1-1998 at 10.30 a.m. and registered a case in Crime No.22 of 1998 for the offence under Section 304-B IPC and issued Ex.P12 FIR. PW. 19 P.V.G. Vijaya Kumar, Inspector of Police, Law and Order, Circle-III, Visakhapatnam, received copy of the FIR and took up investigation. He sent requisition to the Mandal Executive Magistrate to conduct inquest over the deadbody of the deceased. PW. 18 Sri S.B.V.A. Seetharama Raju, Mandal Revenue Officer, Visakhapatnam, received requisition on 22-1-1998 from the Station House Officer, IV Town P.S., Visakhapatnam, to conduct inquest over the deadbody of the deceased. He conducted inquest over the deadbody of the deceased on the same day between 11.00 a.m. and 12.00 noon in the presence of PW. 16 K. Ananda Rao and two others. He examined PW.1 to PW. 5 and on hearing their statements, the opinion arrived by the panchas on hearing the statement of the witnesses came to be incorporated in Col. 15 of the inquest report, which has been exhibited as Ex.P6. After the inquest, the deadbody was sent for post-mortem examination. PW. 17 Dr. N.V.S.L. Narasimham along with Dr. V. Narayana Rao conducted autopsy on the deadbody of the deceased on the same day. He reserved his opinion pending receipt of the chemical analyst report. After receipt of the chemical analyst report, he issued final opinion report opining that he deceased died of consumption of Carbamate, a household insecticide poison. Ex.P7 is the post-mortem examination report, Ex.P8 is the chemical analyst report and Ex.P9 is the final opinion. PW. 19 arrested A- 1 to A-3 on 23-1-1998 and sent them for remand. PW.20 M.A. Rosham, the then Assistant Commissioner of Police, Law and Order, South, Visakhapatnam, took up investigation and found the investigation done by PW. 19 on correct lines. He forwarded the material objects to Regional Forensic Science Laboratory, Visakhapatnam. After completion of investigation, PW.21 P.S.R. Prasad, Assistant Commissioner of Police, Visakhapatnam North, laid a charge-sheet in the Court of III Metropolitan Magistrate, Visakhapatnam.