PUTTOJU CHANDRA SHEKAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellant, Puttoju Chandra Shekar (A-1), has challenged the legality of the judgment dated 24.07.2014, passed by the IX Additional District and Sessions Judge, Wanaparthy, whereby the learned Trial Court has convicted the appellant of offences under Section 304-B IPC and under Section 4 of Dowry Prohibition Act while acquitting A.2 to A.7 for the said offences. For offence under Section 304-B IPC, the appellant has been sentenced to undergo rigorous imprisonment for life, and fined with Rs.5,000/-, and further directed to undergo a simple imprisonment of six months in default thereof. For offence under Section 4 of the Dowry Prohibition Act, he has been sentenced to undergo rigorous imprisonment for six months, and fined with Rs.3,000/-, and further directed to undergo a simple imprisonment of one month in default thereof. Both the sentences were directed to run concurrently.

(2.) Briefly, the facts of the case are that on 30.09.2011, around 09:00 a.m., Basavoju Vishnu Murthy (P.W. 4) submitted a report (Ex. P.4) at the Nagarkurnool Police Station wherein he stated that "he is having five daughters, in which he performed his second daughter, by name Kavyasree @ Anitha marriage with Puttoju Chandra Shekar, S/o. Sheshaiah Chary, R/o. Lingal on 27.02.2011 at TTD Kalyanamandapam, Nagarkurnool as per the caste customs and rituals prevailed in their community. At the time of marriage, he gave Rs.2,50,000/- net cash, eight tolas Golden ornaments, twenty tolas of Silver ornaments and house articles. After one week of the marriage, started harassment on his daughter physically and mentally by beating and abusing for additional dowry of Rs.2,00,000/-. Her husband, mother, brother-in-laws, sister-in-laws i.e. 1) Puttoju Chandra Shekar, S/o. Sheshaiah Chary, age 27 years, Occ: Gold business, 2) Puttoju Jagadambha, W/o. Shashaiah Chary, age 60 years, Occ: housewife, 3) Puttoju Srinivasulu, S/o. Shashaiah Chary, age 45 years, Occ: Gold business, 4) Puttoju Laxmana Chary, S/o. Sheshaiah Chary, age 42 years, Occ: Gold business, 5) Puttoju Murali, S/o. Sheshaiah Chary, age 33 years, Occ: Gold business, 6) Eshwaramma, age 37 years, all R/o. Lingal Village, 7) Bhagyamma, W/o. Krishnaiah, age 30 years, R/o. Rakonda, 8) Krishnaiah, R/o. Rakonda, 9) Puttoju Bharathamma, W/o. Srinu, age 40 years, Occ: Housewife, R/o. Lingal, 10) Puttoju Chandrakala, W/o. Laxmana Chary, age: 37 years, R/o. Lingal, 11) Puttoju Anuradha, W/o. Murali, age 34 years, R/o. Lingal were living together in the house. After one week of the marriage, started harassment on his daughter physically and mentally by beating and abusing for additional dowry of Rs.2,00,000/-, and Passion Plus motor cycle and do the witchcraft with one Krishnamachary on her daughter and threatened and harassed her and made abortion of her three months pregnancy and aforesaid persons confined her in the house. On 28.09.2011, at night 7:00 to 8:30 p.m., Puttoju Chandra Shekar phoned to his son-in-law Karunachary and abused him in filthy language and told to take away her. In the early hours, the aforesaid persons, strangulated her and poured kerosene on her and set fire and shifted her to Achampet Hospital, Kamineni Hospital, L.B. Nagar, Omni Hospital, Kothapet. Later they informed them through mediators that they shifted her to Gandhi Hospital, Secunderabad. But, the OP Department declared her as dead at 1:25 p.m. and they abandoned the dead body at Gandhi Hospital, Secunderabad and left from that place".

(3.) On the basis of the said report, the police registered FIR No.44 of 2011 (Ex. P.10) for the offence under Section 304-B read with 34 IPC . The investigation commenced. During the course of investigation, J. Chennaiah, the Sub-Divisional Police Officer (P.W. 13) filed an alteration memo (Ex. P.12) by adding Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. However, the names of A.2, A.6 to A.8 were deleted from the case. While the appellant along with A.3 and A.4 was arrested on 29.10.2011, A.5 and A.9 to A.11 were arrested on 30.04.2012. They were put up for trial.