DUNNAPOTHULA KISTAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) APPELLANT, who is the sole accused in sessions Case No. 227 of 1999 on the file of the Court of the Assistant Sessions Judge, siddipet, Medak District, was tried for the offence punishable under Section 304-B of the indian Penal Code 1860, alternatively for the offence punishable under Section 306 of IPC. During the course of trial, the prosecution examined PWs. 1 to 10 and exhibited Exs. P1 to P6. On an analysis of the entire evidence both oral and documentary, learned Assistant sessions Judge came to the conclusion that the appellant is guilty of the offence punishable under Section 304-B of IPC and accordingly sentenced him to undergo rigorous imprisonment for a period of ten years. Questioning the said judgment, dated 10-01 -2000, the appellant filed this criminal appeal.

(2.) ACCORDING to the case of prosecution the marriage of one Kanakavva (hereinafter called as 'the deceased') was performed with the appellant about three years prior to 23-12-1997. Atthe time of marriage an amount of Rs. 8,000/- was paid, besides giving cooking utensils worth Rs. 1,000/- and 2 1/2 grams of gold pusthe, towards dowry and further it was promised that one tulaof gold, 40 tulas of silver anklets and one bicycle will be given later. Immediately after the marriage the same was consummated and the appellant and the deceased lived happily for about 11/2 year. Thereafter the appellant started harassing and ill-treating the deceased for the balance of dowry. It is alleged that seven or eight months prior to the incident, the deceased was left at her paternal home, where she informed her parents, who were examined as PWs. 1 and 2, about the ill-treatment meted out by her at the hands of the appellant. The deceased stayed at her paternal home about six months and thereafter the appellant took her to the marital home. As the demand forthe balance of dowry was continuous, PW-1 ,fatherof the deceased, went to Janagaon on 22-12-1997 and bought gold and silver anklets and when he reached his house, he came to know about the death of the deceased and immediately he along with his relatives reached the house of the appellant at 12 midnight and found the dead body of the deceased. Later based on Ex. P1, report, given by PW-1, the Station House officer, Thoguta Police Station registered a case in Crime No. 76 of 1997 under section 304-B of IPC. On a requisition, the mandal Revenue Officer, who was examined as PW-9, visited the scene of offence, conducted inquest over the dead body of the deceased in the presence of the panchayatdars, who were examined as PWs. 5, 6 and 7. Later the dead body of the deceased was sent to the Medical Officer, who was examined as PW-8, and he conducted autopsy over the dead body of the deceased and issued Ex. P4, postmortem report, opining that the death was due to 'consumption of organo phospate an insecticide poison'. The sub Divisional Police Officer, Siddipet, who was examined as PW-10, took up investigation, recorded the statements of all the witnesses, arrested the appellant on 09-01-1998 and on receipt of Ex. P4, postmortem report and Ex. P5, forensic science laboratory report, filed the charge sheetagainst the appellant.

(3.) THE plea of the appellant is one of total denial.