P BIKSHAPATHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The IInd Additional Metropolitan Sessions Judge, Hyderabad,framed three charges against A-1 to A-3 for the offences punishable under Sec.306 and 498-A IPC and Sec. 4 of the Dowry Prohibition Act, 1961. The learned. Judge found the accused not guilty of the offence under Sec. 4 of the Dowry Prohibition Act. He, however, found the accused guilty of the offences under Sections 306 and 498-A IPC and sentenced them to undergo rigorous imprisonment for seven years and also to pay a fine of Rs. 200/- ih default to undergo rigorous imprisonment for two months for the offence under Sec. 306 IPC. He also sentenced the accused to undergo rigorous imprisonment for six months and also to pay a fine of Rs. 100/- in default to undergo rigorous imprisonment for one month for the offence under Sec. 498-A IPC. Both the sentences were directed to run concurrently. Against that, A-lto A-3 filed an appeal in this court. This Court allowed the appeal by order dt. 27-10-1987 and set aside the conviction and the sentences passed against the accused The Supreme Court by order dated 11-7-1988 in Crl. Appeal No. 349/88 set aside the order of this court by holding that the matter requires to be remitted back to this court for a fresh decision in accordance with law,after hearing both the parties. PW-2, the father of the deceased who filed the appeal in the Supreme Court, also filed an application and submitted his written arguments.

(2.) A-1 married the deceased Rajyalakshmi on 27-5-1983. A-2 is the father and A-3 is the mother of A-1.P.W-2 is the father and PW-3 is the mother of the deceased. PW- 4 is the pateraal grandmother and PW-5 is the paternal uncle of the deceased.

(3.) The prosecution case is that the deceased Rajyalakshmi committed suicide on 6th April, 1984 at about 6.00 p.m. in the bath room in the house bearing Mo. 1-7-513/1/12 situated at Gemini Colony, Musheerabad, Hyd. A-l to A-3 illtreated and harassed her continuously for not getting the T.V. set and a gold ring of one tola from her parents. Due to that conduct of A-l to A-3, the deceased Rajyalakshmi, aged about 19 years, was compalled to commit suicide by setting herself on fire by pouring kerosene on her body. It is the further case of the prosecution that the accused took a bajaj chetak scooter, a steel almyrah, a wrist watch, steel utencils etc., 6 tolas gold and a cash of Rs. 2,116/- as dowry at the time of the marriage of A-l with Rajya Lakshmi.