KODAMANCHILI SRIRAMA SARMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is filed under section 374(2) of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.') questioning the judgment dated 19.08.2010, passed by the learned IV Additional Sessions Judge (Fast Track Court), Tanuku, West Godavari District (for brevity, 'the trial Court') in Sessions Case No. 406 of 2007, whereby the trial Court convicted the appellant-accused under Sec. 235(2) Crimial P.C., 1973 for the offence punishable under Sections 302, 304-B and 201 of the Indian Penal Code, 1860 (for brevity, 'I.P.C.') and sentenced him to undergo imprisonment for life and to pay fine of Rs. 3,000.00 (Rupees three thousand only) with a default sentence of simple imprisonment for a period of three (3) years for the offence under Sec. 302 I.P.C.; to undergo imprisonment for life for the offence under Sec. 304-B I.P.C.; and to undergo simple imprisonment for a period of three (3) years and to pay fine of Rs. 1,000.00 (Rupees one thousand only) with a default sentence of simple imprisonment for one month for the offence under Sec. 201 I.P.C.; giving liberty to the appellant to set off the period of remand already undergone by him. The trial Court further directed that all the sentences imposed against the appellant for the aforesaid offences shall run concurrently.

(2.) Heard Smt. A. Gayatri Reddy, the learned counsel appearing for the appellant, and the learned Public Prosecutor appearing for the State.

(3.) The case of the prosecution, in brief, is as follows: Smt. Kodamanchili Bhramaramba was the deceased in this case. P.W.1-Sannidhi Annapurna, mother of deceased performed the marriage of the deceased with the appellant on 05.10.2001 at Bhimavaram and gave Rs. 50,000.00 cash, ten sovereigns of gold and Ac.1-00 of land as dowry. The appellant and the deceased resided at Palivela village for two years, thereafter shifted to Sajjapuram of Tanuku. The appellant started harassing the deceased to sell away Ac.1-00 of land and give cash to him. While so, the deceased gave birth to a son on 22.09.2004. Due to harassment made by the appellant, P.W.1- mother of the deceased meted his demands three times by paying Rs. 50,000.00 to purchase a computer, Rs. 50,000.00 to purchase a motorcycle and Rs. 25,000.00 at the time of opening of an Astrology Office at Khammam by the appellant. The appellant resided with the deceased at Tanuku after that, left Palivela and there also he repeated the dowry harassment and from there, the deceased was taken back to the house of her mother-P.W.1 at Yanamaduru and stayed there for five months. After birth of a son, the appellant and the deceased took a house at Alamuru, which is the native place of the appellant, and thereafter the appellant alone left Khammam for some time and kept the deceased at Alamuru. Later the deceased was taken back to Bhimavaram and again, on 10.11.2006, the appellant took the deceased to Alamuru and resided there in a rented house. The appellant was harassing the deceased demanding additional dowry and necked her out. The deceased was returned back to her mother's house with injuries on her body and she told her mother about the harassment made by the appellant. On 30.11.2006, the mother of the deceased dropped the deceased with samans at the house of the appellant situated at Alamuru. On 02.12.2006 at about 6-00 p.m., the deceased telephoned to her mother-P.W.1 by weeping and told that the appellant was torturing and she cannot bear the harassment and requested to take back her to her house. P.W.1 replied that she will raise a dispute through her elder brother-P.W.3 and thereafter she went to the house of her brother-P.W.3 and informed the same to him, who in turn, promised to raise the dispute on the next day. On the night of 02.12.2006, the appellant killed the deceased and tried to screen away the evidence, he burnt the dead body of the deceased with kerosene, 100% burns were caused. Later, the appellant informed about the death of the deceased to the neighbours at about 3-00 a.m. on 03.12.2006. The appellant also made a phone call to P.W.4-junior maternal uncle of the deceased. P.W.4 informed P.W.1-mother about the death of deceased and all of them reached Alamuru at 5-00 a.m. on 03.12.2006 and they found the dead body completely burnt. Thereafter, P.W.1 went to Penumantra Police Station and presented Ex.P.1-report to P.W.16-the Assistant Sub Inspector of Police, who in turn, registered a case in Crime No. 92 of 2006 for the offences punishable under Sections 498-A and 306 I.P.C., issued Ex.P.7- F.I.R. to all the concerned, requested Mandal Revenue Officer to conduct inquest over the dead body of the deceased, proceeded to the scene of offence, conducted scene of offence panchanama in the presence of panchas, prepared Ex.P.4- scene observation report, Ex.P.5-inquest and Ex.P.8-rough sketch of scene of offence, seized material objects, recorded statements of the witnesses and sent the dead body to postmortem examination. P.W.9-Civil Assistant Surgeon conducted autopsy over the dead body along with P.W.13-Dr. K. Satyavathi and issued Ex.P.3-post-mortem examination report and opined that the deceased died due to asphyxia and due to pressure over the neck. P.W.17-Deputy Superintendent of Police on completion of investigation, filed charge sheet against the appellant for the offences punishable under Sections 302, 304-B, 201 I.P.C. and section 4 of the Dowry Prohibition Act, 1961.