TALARI KRISHNA Vs. STATE OF A.P.

JUDGEMENT

(1.) Aggrieved by the judgment of acquittal, dated 23.01.2013, passed by the III Additional District and Sessions Judge (Fast Track Court) at Medak, whereby the learned Trial Court has acquitted the respondent Nos. 2 to 4, namely, Duddala Santhosh (A-1), Duddala Balamani (A-2), and Duddala Narsimulu (A-3), for the offences under Sections 302 and 304-B read with Section 34 IPC, the complainant, Mr. Talari Krishna, has filed the present appeal before this Court.

(2.) Briefly, the facts of the case are that on 15.09.2011 at 8:15 p.m., Mr. Talari Krishna (P.W. 1) submitted a report (Ex. P.1) at Narsapur Police Station wherein he stated that "his sister Bhagyalaxmi, aged 20 years (hereinafter referred to as 'the deceased'), was given in marriage to Duddala Santhosh, S/o. Narsimlu and marriage was performed on 16.05.2010. At the time of marriage, gave 1.20 acres land as dowry, and also presented 8 tolas gold, Rs.50,000/- for Hero Honda Motor cycle, Rs.1.00 lakh for purchasing other articles as dowry and spent Rs.1.00 lakh for marriage expenditure and performed the marriage in Anand Gardens Narsapur. After the marriage, his sister's husband Santhosh, mother-in-law Balamani (sic), mother-in-law (sic) Narsimlu harassed his sister mentally and physically demanding to get additional dowry from parents house. Un-bearable to the tortures, his sister Bhagyalaxmi informed the harassments of her husband and in-laws and their demand of additional dowry, for which his mother Narsamma went to the in-laws house about one month back and appealed the husband and in-laws not to harass Bhagyalaxmi as she was pregnant one and discussed about performing "Srimantham" and also promised to give one tola gold at the time of coming Deepavali festival. But they did not satisfy and tried to beat his mother Narsamma, then the matter was informed to his maternal uncle J. Kistaiah who told the husband and in-laws several times and pacified them. Even though they did not change and further increased harassments on his sister. On 15.09.2011 evening at about 4:00 p.m., his brother-in-law Santhosh's brother, Yadagiri, telephoned to his land phone and informed his brother Raju that his sister burnt and died. On the information, he along with his family members went to the house of his sister at Narsapur and found his sister Bhagyalaxmi died under suspicious circumstances. He expressed that his brother-in-law Santhosh and his parents Balamani (sic) and Narsimlu harassed his sister Bhagyalaxmi for additional dowry and killed and burnt her and requested to take action against them".

(3.) On the basis of the said report, the police chalked out a formal FIR, namely FIR No. 126 of 2011 (Ex. P.10) for the offences under Sections 302 and 304-B r/w 34 IPC . The investigation commenced. The accused persons were arrested on 18.09.2011 and they were put up for trial.