B KRISHNA Vs. STATE OF A P

JUDGEMENT

(1.) This criminal revision case is filed against the judgment in Criminal Appeal No. 91 of 2004, dated 31-12-2004, on the file of the Court of the V Additional Metropolitan Sessions Judge-cum-Mahila Court, Hyderabad, whereby and whereunder the conviction and sentence passed by the XXII Metropolitan Magistrate-cum-Mahila Court, Hyderabad vide order dated 4-3-2004 in C.C.No. 176 of 2000 was confirmed in respect of A-1, and set aside against A-2 and A-3.

(2.) The brief facts of the case are that the deceased-de facto complainant was married to accused No. 1 on 25-5-1989, that accused No. 1 was given Rs. 80,000/- towards dowry, that thereafter they lived happily for one year, that thereafter petitioner/accused No. 1 started harassing her to bring additional dowry of Rs. 50,000/- and on that ground he used to pick up quarrel with her at the instance of his parents every night and used to beat her mercilessly, and that his parents, brothers and sisters used to instigate him to demand additional dowry from her. It was also her case that though she displayed her inability to meet his demand, he did not spare her. That in the meanwhile she gave birth to three children. That at the instigation of accused Nos. 3 and 4, accused No. 1 poured kerosene on her person with an intention to do away with her life, however, she saved herself somehow. That in the year 1996 the petitioner-accused No. 1 beat her mercilessly till she suffered multiple injuries including fracture of her backbone. Thus, on 7-1-1996 she was hospitalized and was discharged on the same day. That the X-ray taken on 9-2-1996 disclosed fracture of backbone. That being unable to bear with the brutal behaviour, assault, harassment and ill- treatment by him on account of not bringing additional dowry, she started living with her parents from January 1996 along with her children. That petitioner-accused No. 1 never cared to visit them or to know their welfare. That on 1-11-1998 she along with her children with an intention of joining the company of her husband-accused No. 1, went to her matrimonial home. However, she was subjected to abuses and beatings by accused Nos. 1 and 4 proclaiming that she would not be allowed into their house unless she complies with their demand of additional dowry. That on the same day while she was returning to her parents place along with her children, neighbours informed that petitioner-accused No. 1 contacted second marriage and that they also begot a son who is named, Pawan, aged about eight months, and that they were living at Kartikeyan Nagar, Nacharam. All these facts she has stated in her private complaint before the Court, which she preferred against the accused on 9-12-1998 while she was living with her parents. The said private complaint was preferred under Section 200 of Code of Criminal Procedure, before the Court of XXII Metropolitan Magistrate, Hyderabad, against accused Nos. 1 to 4 for the offences under Sections 498-A IPC and Section 494 read with Section 34 of IPC, and also for the offences under Sections 4 and 6 of the Dowry Prohibition Act. The said complaint on being referred to the Police a case in Crime No. 114 of 1998 was registered against accused Nos. 1 to 9 for the said offences by W.P.S. North Zone, Begumpet. However, the Police laid charge sheet against accused Nos. 1 to 4 only for the said offences. That the deceased Vijayalaxmi was under the treatment of Dr. G. Prasad Rao, Consultant and Psychiatrist attached to Sagarlal Memorial and other Hospitals, for major depression disorder between 8-2-1996 and 22-12-1998.

(3.) In support of its case the prosecution examined P.Ws. 1 to 6 and got marked Exs. P-1 to P-14 on its behalf. However, no witnesses were examined and no documents were marked on behalf of the defence.