VIPPALA SRINIVASA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 11-11-2003 passed in s. C. No. 552 of 2000 on the file of the Court of the II Additional Sessions Judge, Guntur, convicting and sentencing the first appellant-A-1 of the charge under Section 304-B of the indian Penal Code, 1860 and the second appellant - A-2 of the charge under section 304-B read with 34 of IPC, to undergo rigorous imprisonment for a period of seven years each.

(2.) THE case of prosecution, in nutshell, is that the marriage between one Vippala Madhavi (hereinafter called as 'the deceased') and A-1 was performed in the month of May, 1996 and the parents of the deceased, who were examined as PWs. 1 and 2 gave a cash of rs. 10,000/- and also gifted Ac. 1-00 of land towards pasupukunkuma. The marriage was immediately consummated and the deceased joined the company of A-1, where his mother i. e. , A-2 also is residing. Since the date of joining the deceased with A-1 for conjugal life, both A-1 and A-2 subjected her to cruelty and harassment demanding her to dispose of the said Ac. 1 -00 of land and to bring money from pws. 1 and 2, so that an alternate land can be purchased in their village. The deceased informed the said intention of A-1 and A-2 to pws. 1 and 2 and other relatives and also about the harassment meted out to her. The parents of the deceased agreed to dispose of the land and give money. Thereafter, the deceased gave birth to a male child and when she again became pregnant, not to the willing of A-1 and A-2, they got her aborted saying that one son is enough. It is alleged that two months prior to the occurrence, the deceased was necked out from the marital home, but, however, six days prior to the occurrence A-1 went to Seethapuram and brought the deceased back to his house threatening to commit suicide. On the next day that was on 01-07-1999 PW-6 i. e. father of A-2 and grandfather of A-1 on sighting the deceased hanging with a saree to the wooden beam in the house of A-1 raised alarm. Immediately pws. 5, 9 and other neighbours gathered there, cut the saree and brought the deceased down. Later on the advise of the village RMP doctor, who was examined as PW-8, the deceased was shifted to the hospital in the adjacent village in tractor and PW-7 examined her and declared her dead. On receipt of the said information PWs. 1 and 2 came to. Veeriapalem along with their relatives on 01-07-1999 at about 23. 30 hours and PW-1 gave a complaint to the Station House Officer, Duggirala Police station and PW-15 registered the same as a case in Crime No. 98 of 1999 for the offence under Section 302 of IPC and after completion of investigation PW-18 laid charge sheet against the accused.

(3.) ON appearance of the accused and on hearing both sides, the trial Court framed a charge undersection 304-B of the IPC against a-1 and a charge under Section 304-B read with 34 of IPC against A-2, and additional charges under Sections 302 and 201 of IPC against A-1 and A-2, read over and explained to them in Telugu, for which they pleaded not guilty.