UDATHA MADHAVA RAO Vs. STATE OF A P

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 21/9/2002 passed in Sessions Case No. 241 of 1998 on the file of I Additional Sessions judge, Guntur, whereby and where under the learned Additional Sessions Judge found a1 Udatha Madhavarao guilty for the offence under Section 304-B IPC and sentenced him to undergo rigorous imprisonment for seven years.

(2.) THE prosecution case in brief is :-A1 Udatha Madhavarao is son of A2 udatha Anjaneyulu and A3 Udatha dhanapurna @ Annapurna. A4 Udatha sambasivarao and A6 Udatha Brahmarao are brothers and A5 Udatha Arunakumari is sister of A1 Udatha Madhavarao. PW. 1 A. Venkateswarlu and PW. 2 A. Annapurna are husband and wife and their daughter is Ganga Devi. They performed the marriage of Ganga Devi with A1 udatha Madhavarao in the year 1993. The gave cash of Rs. 20,000/- and presented gold ornaments worth of Rs. 5,000/- at the time of marriage. Apart from cash and gold ornaments, they presented household articles worth of Rs. 5,000/- to A1 and promised to pay Rs. 5,000/- later. Ganga devi lived with A1 at Cherukupalli. During that period A1 to A6 demanded Ganga devi to bring money from her parents and resorted to harass her on that ground. A year thereafter, A1 and Ganga Devi shifted to Tenali. Even at Tenali, the accused harassed Ganga Devi to bring money from her parents. A year thereafter, Ganga devi and A1 shifted to Cherukupalli. Two months thereafter, they shifted to Adavula deevi, where they lived for about six months. In spite of residence being shifted from place to place, there is no change in the attitude of A1 to A6. By the date of occurrence, A1 and Ganga Devi were residing at Pragada Kotaiah Nagar, Tenali and Ganga Devi was carrying 5th month pregnancy. When PW. 1 visited the house of Al at Tenali, the accused beat Ganga devi in his presence. 10 days prior to the date of occurrence, Musini Veeraiah, eldest son-in-law of PWs. 1 and 2, visited the house of Al at Tenali and requested him to send ganga Devi for parental home, for which the accused abused him in filthy language and attempted to kill Ganga Devi by pouring kerosene. Neighbours came in rescue of ganga Devi and foiled the attempts of the accused. A quarrel took place between A1 and Ganga Devi on the evening of date of incident. Subsequently, the body of Ganga devi (hereinafter referred to as 'the deceased')came to be spotted in the canal at Kuchipudi locks. PW. 1 presented Ex. P1 report before the Station House Officer, amruthaluru Police Station on 12. 8. 1997 at 5. 30 p. m. PW. 14 N. Syam Sundar, Sub inspector of Police, Amruthaluru P. S. , received Ex. Pl report and registered a case in Crime No. 36 of 1997 for the offence under Section 304-B IPC and issued Ex. P9 fir. He sent requisition to the Mandal executive Magistrate, Amruthaluru, to conduct inquest over the dead body of the deceased. PW. 13. K. Nagoor, Mandal executive Magistrate, Amruthaluru, conducted inquest on the dead body of the deceased on 13. 8. 1997 in the presence of pw. 11 M. Sivaramkrishna Sastry and pw. 12 K. Narasimhaiah. Ex. P7 is the inquest report. After the inquest, the dead body was sent for post-mortem examination. PW. 10 Dr. K. Hema, CAS, Government hospital, Tenali, conducted autopsy on the dead body of the deceased on 13. 8. 1997 at 3. 30 p. m. She issued Ex. P6 post-mortem examination report opining that the deceased would appear to have died of asphyxia due to drowning in water. PW. 15 M. B. Ranjit, sub-Divisional Police Officer, Tenali inspected the scene of offence in the presence of PW. 12 K. Narasimhaiah and lw. 17 Meka Rambabu and prepared Ex. P8 observation report and Ex. P10 rough sketch of the scene. He arrested the accused on 15. 8. 1997 at 6. 00 p. m. at their residence and sent them for remand on the following day. After receipt of the post-mortem examination report and on completing the investigation, he laid a charge-sheet before the Additional Judicial Magistrate of First class, Tenali.

(3.) THE learned Magistrate took the charge-sheet on file as P. R. C. No. 52 of 1997 and committed the case to the Sessions division, Guntur, as the offence under section 304-B IPC is exclusively triable by a Court of Session. The learned Sessions judge took the case on file as Sessions case No. 241 of 1998 and made over the same to the Court of I Additional Sessions judge, Guntur, for disposal according to Law.