SALLA GOVINDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 9-10-1996 rendered in SC No. 19 of 1996 by the learned Sessions Judge, Vizianagaram convicting the accused for the offence under Section 304-B IPC and sentencing A1, A3 and A4 to undergo rigorous imprisonment for a period of seven years and sentencing A2 to undergo rigorous imprisonment for a period of 8 years and to pay a fine of Rs.500.00 by each of the accused and in default to undergo rigorous imprisonment for six months each.

(2.) PW1-Thota Lakshman Rao -married his daughter deceased-Salla Vijaya to A1 four months prior to the incident in this case. A2-Ravuri Savithri is said to be the grand-mother of Al by some relationship. A3-Kola Koti is the paternal uncle of Al. A4-Kola Laxmi is the wife of A3. According to the version of the prosecution, PW1 is a man of modest resources doing his small business of selling of bangles. At the time of marriage of the deceased PW 1 agreed to give dowry of Rs.6,000.00 besides presenting a wrist watch to the 1st accused and he also promised to present gold 'Kanparusulu' weighing half-a-tola to the deceased. PW1 also promised to give house-hold articles worth Rs.5,000.00to A1 and A2. At the time of marriage, PW1 also agreed to present upto one tola of gold. After marriage, the said Vijaya and the accused have been living in Bandamvari street, Parvathipuram in the house belonging to A2. According to PW1, he also promised to present house-hold articles worth Rs.5,000/ - to the couple. Out of these agreed articles, except one fourth tola of ear tops, other items were given by PW1. According to PW1, after marriage he sent the house-hold articles (sare saman) to the house of A2, but they were sent back to PW1. Thereafter, the deceased Vijaya and A1 went to the house of PW 1. His daughter told him that as the ear tops were of lesser weight and house-hold articles were not of required quantity they were resented by family members of her in-laws and were sent back and that she was also sent back with those samans. Leaving the deceased, Al left PW1's house who remained there for about 15 or 16 days. Thereafter, his elder son-in-law, Pola Laxmi and his elder daughter Pola Ramanamma went to PW1's house and they took the deceased Vijaya to Parvathipuram and left her with A1 and A2. Thereafter PW1 went to the house of Al and A2 to bring his daughter for "Ashadamasam" and brought her. After one week, A1 stating that there was no one to look after the house when he went out for work asked the deceased to be sent back. A1 took the deceased with him. PW1 gave him Rs.200.00 though he (A1) asked Rs.400.00. Four days thereafter, he came to know that his daughter was ill-treated and was beaten for not bringing house-hold articles and ear tops of more weight. Unable to bear the mental and physical torture, the deceased went back to his house and asked the promised gold articles and he asked for some more time to arrange them and thereafter the deceased went back to her husband's house and lived there in spite of her ill-treatment. Thereafter, he went for his business to Parvathipuram and visited his daughter at their (accused) house. This was a day prior to the death of the deceased. During his visit, the deceased wept before him and told him that she was being harassed by the accused. PW1 told A2, A3 and A4 that within one week he would give the gold ear tops of half a tula.

(3.) On the next day, he got down at Peda Merangi village in connection with his business. There, he learnt that a girl being the daughter of a bangle dealer died at Parvathipuram. On suspicion he went back to his daughter's house (deceased) by then some of his relatives had also arrived there and all the accused were also present. PW2-Doddala Adilakshmi and PW3-Rokkam Satyanarayana were also present there. There he saw in the varandah of the house, his daughter lying with face to the ground with bum injuries and blackened body. PW4-Salla Appa Rao who was also present there scribed the report as narrated by PW1 and gave the same (Ex.Pl) at the police station, on which a case in Crime No.90 of 1995 on the file of Parvathipuram P.S. was registered and Ex.P5-FIR was issued. Later, police came to the house of the accused. The Mandal Revenue Officer (PW9) conducted the inquest during which he was present. PW12-Sub-Inspector of Police visited the scene of offence and conducted panchnama in the presence of mediators i.e., PW8 and another and they found the dead body in the kitchen in a burnt condition, photographer was called and photographs Exs.P6 to P13 were taken and negatives of which are Exs.P14 to P21 and he prepared a rough sketch of the scene of offence under Ex.P22. PW12 the Sub-Inspector also seized MOs.1 to 6 i.e., Plastic tin, alluminium vessel, Match box, Bangle pieces, Langa, and Jacket under Ex.P2-Panchanama. MO2 was smelling of kerosene. There was kerosene in the tin MO1 also. The Mandal Revenue Officer (PW9) conducted inquest under Ex.P3. He examined the witnesses during the inquest. The Mandal Revenue Officer sent the dead body to Government Hospital, Parvathipuram for holding autopsy. PW12 arrested the accused near Agraharam street at Parvathipuram at 11 am. on 8-8-1995. Thereafter, PW13-Sub-Divisional Police Officer took up investigation and filed charge-sheet after completing the investigation.