UPPAGALA SATISH KUMAR Vs. STATE OF A P

JUDGEMENT

(1.) The judgment in SC No.173 of 1992 on the file of II. Additional Sessions Judge, Karimnagar, dated 22-4-1993, convicting the appellants (accused Nbs.1 to 3) under Section 498-A I.P.C. and sentencing them to suffer rigorous imprisonment for a period of two years and also to pay a fine of Rs.4,000/- each, in default to undergo simple imprisonment for three months, is assailed in this appeal.

(2.) The facts leading to this appeal in brief are that a charge-sheet has been laid by the Sub-Divisional Police Officer, Jagtial, against three appellants alleging that they caused the death of Padma @ Jayasree for dowry and thereby they committed an offence punishable under Section 304-B I.P.C. It is the case of the prosecution that accused No.1 is resident of Vempet, within the limits of Metpalli Police Station, accused No.3 is the eldest sister of accused No.1 and accused No.2 is husband of accused No.3. The deceased was married to accused No.1 on 24.6.1988. Her father presented eight tolas of gold and Rs.10,000/- in cash to accused No.1 towards dowry, besides other articles, on the occasion of the marriage. They lived happily for about one year and thereafter accused No.l started harassing the deceased demanding more dowry from her parents. Accused No.1 ultimately shifted his family to Hyderabad and began to live with accused Nos.2 and 3 and at their instance she was physically and mentally harassed by accused No.1. On 12.11.1989 the deceased gave birth to a female child. Accused No.1 demanded three tolas of gold for the child and sarees for his sisters on the occasion. But, PW1, father of the deceased, could not fulfil the demands. However, he promised to provide two tolas of gold later on. Accused No.l grouse ill-will against the deceased and beat her in the presence of the relatives, who gathered for Barasala function. Three months thereafter the deceased joined her husband in her in-law's place. Accused No.l once again demanded a sum of Rs.2,000/- and one almirah. Thereupon, the deceased secured Rs.2,000/- from her parents, but she kept her gold ornaments with her parents as she apprehended that accused No.l may sell away the same. On 1.6.1990 accused No.1 took the deceased again to Hyderabad where they lived with accused Nos.2 and

(3.) It is alleged that accused No.1 started beating her at the instance of accused Nos.2 and 3 for keeping the gold ornaments with her parents and also for not bringing two tolas of gold as promised by her father. On 11.6.1990 at about 4.00 p.m. accused No.l beat the deceased with a rope on her head, back and on hands while accused No.2 caught hold of the hands and accused No.3 caught hold of her tuft of hair. Accused No. 1 also fisted her severely on her throat and face and thereupon the deceased developed high fever. On 12.6.1990 accused No.l took the deceased to Vempet and left her in her parents house. As the deceased was suffering from high fever, her father took her to Metpalli and admitted her in Government Hospital, Metpalli on 16.6.1990. P.W.1 also lodged a report, Ex:P.l, at Police Station, Metpalli, where a case in crime No.65/90 under Section 498-A I.P.C. has been registered. While undergoing treatment the deceased died on 20.6.1990 at 9.15 p.m. buring the course of investigation inquest was held on the dead body of the deceased and thereafter post-mortem examination was conducted by P.W.1 1. On the basis of the material gathered during the investigation, the Sub-Divisional Police Officer, Jagtial, filed a charge-sheet with the above allegations. 3. The case was committed to the Court of Session, Karimnagar, as the offence under Section 304-B IPC is exclusively triable by a Court of Session. It was made over to the II Additional Sessions Judge, who framed a charge under Section 304-B I.P.C. against accused Nos.1 to 3 and in view of their plea of not guilty, he tried them on the said charge. During the trial, the prosecution examined 12 witnesses and got Exs;P.1 to P. 14 marked. P.W.1-V.Ramakishan is father of the victim, P W .2-V.Anasuya is her mother, P.W.3-O.Srinivas is her brother and P.W.4-K.Prabhavathi is her sister. P.W.S-Tulasi Venkatanarsaiah is a tenant in the house of P.W.I and he is well-acquainted with the family affairs and P.W.6-V Sree Rama Rao is brother of P.W.I. P.W.7 is the Inspector of Police, who took up the investigation of the case in the first instance and handed over the same to the Assistant Superintendent of Police, Jagtial. P.W.8- O. Geeta Rao is paternal aunt of the deceased. P.W.9-O.Swaroopa Rani is her sister. P.W.10-Ch;. Vanaja is inquest panchdar, P.W.11-Dr.R. Malla Ready is autopsy surgeon and P.W.12-Sub-Inspector of Police is one of the Investigating Officers, who registered the Crime on the basis of Ex:P.l, lodged by P.W.1.