K AMARNATH Vs. STATE OF A P

JUDGEMENT

(1.) The appellant-accused was tried in S.C. No. 143 of 2004 on the file of the Court of the Special Judge for trial of offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act-cum-VI Additional Metropolitan Sessions Judge-cum-XX Additional Chief Judge, Hyderabad, at Secunderabad, for the offences punishable under Sections 498A, 304B and 306 of the Indian Penal Code, 1860 (IPC), and ultimately, the trial Court while acquitting him of the offence punishable under Section 304B IPC, convicted him for the offences punishable under Sections 498A and 306 IPC. Questioning the said conviction, the appellant-accused filed this appeal.

(2.) The case of the prosecution, in brief, is that the appellant married the deceased on 17.11.2000 and at the time of marriage an amount of Rs. 40,000/- was paid by way of cash, ten tulas of gold jewellary, one hero Honda motorcycle and other household articles were given to the appellant towards dowry. After marriage initially the appellant and the deceased were residing in the house of the appellant's brother at Kawadiguda, and thereafter, on account of some misunderstandings they shifted their place of residence to the opposite building of the appellant's brother. They both lived happily for a period of one month. Thereafter, the appellant was coming late to the house in the night, and the deceased started questioning him and thus disputes arose between them. The appellant started harassing the deceased saying that he lost mental peace by marrying her and he also demanded her to obtain a loan by pledging her study certificates in a bank or to bring an amount of Rs. 50,000/- from her parent's house. The deceased was informing all these aspects to her brother-P.W. 1, and the mother-P.W.2. On 25.08.2001 when the appellant went to the house late in the night, the deceased questioned him about his late arrival and the appellant beat her severely, and on 26.08.2001 he brought her to her paternal home and left her there. Thereafter, the deceased narrated the incident to P.Ws. 1 and 2. On 27.08.2001 the appellant went to his in-law's house and brought back the deceased to his house. While so, on 29.08.2001 the appellant informed P.Ws. 1 and 2 over telephone that his wife was in a serious condition and he is taking her to Gandhi hospital, Secunderabad, and requested them to come to the hospital. When P.Ws. 1 and 2 rushed to the hospital, they found the dead body of the deceased. As the deceased was informing P.Ws. 1 and 2 about the alleged harassment and demand for more money, suspecting that the appellant is alone responsible for the death of the deceased, they gave Ex.P18 report to Gandhinagar Police, which was registered as a case in Crime No.204 of 2001 under Section 174 Cr.P.c, and issued first information report to all concerned. Later, the Sub-Inspector of Police, Gandhinagar police station (P.W. 13) took up investigation, recorded the statements of P.W. 1 and others. He conducted scene observation panchanama in the presence of P.Ws. 7 and 8, and prepared Ex.P4-rough sketch of the scene of offence. On receipt of requisition, the Revenue Divisional Officer deputed the Mandal Revenue Officer-P.W. 11 to conduct inquest over the dead body of the deceased and accordingly P.W. 11 conducted inquest in the presence of P.W.9 and another under Ex.P20-inquest report. Thereafter, the Associate Professor, Department of Forensic Medicine, Gandhi Medical College, Hyderabad-P.W. 10, conducted postmortem over the dead body of the deceased on 30.08.2001 from 4.15 P.M., to 5.30 P.M., and issued Ex.P2 postmortem report opining that the cause of the death was due to asphyxia due to hanging. Thereafter, after receipt of Ex. P2, P.W. 13 altered the section of law from Section 174 Cr. P.C, to Section 304B IPC. Later, the Assistant Commissioner of Police-P.W. 12, took up further investigation and on 31.08.2001 he examined the neighbours of the deceased and other witnesses and recorded their statements under Section 161 Cr. P.C. He arrested the appellant on 04.09.2001 and sent to the Court for remand. After completion of investigation P.W. 12 filed charge sheet.

(3.) To bring home the guilt of the appellant, the prosecution examined P.Ws. 1 to 13 and got exhibited Exs. P1 to P22 and M.Os. 1 to 3. On an analysis of both oral and documentary evidence, though the trial Court acquitted the appellant of the charge punishable under Section 304B IPC, convicted him for the offences punishable under Sections 498A and 306 IPC, and sentenced him to undergo rigorous imprisonment for a period of two years and also to pay a fine of Rs. 200/-, in default, to suffer simple imprisonment for a period of one month for the offence punishable under Section 498A IPC, and to undergo five years rigorous imprisonment and to pay a fine of Rs. 200/-, in default, to suffer simple imprisonment for a period of one month for the offence punishable under Section 306 IPC. Aggrieved thereby, the appellant/accused preferred this Criminal Appeal.