STATE OF A. P. Vs. RANGU SATHYANARAYANA

JUDGEMENT

(1.) This Criminal Appeal is filed under Section 378 (3) and (1) Cr.P.C. by the State, challenging the judgment, dated 13.02.2009 passed in S.C.No.492 of 2007 on the file of the V Additional Sessions Judge, Karimnagar, wherein the accused were acquitted for the offences punishable under Section 304-B of I.P.C. and Section 4 of the Dowry Prohibition Act, 1961.

(2.) For the sake of convenience, the parties will hereinafter be referred to as arrayed in S.C.

(3.) The case of the prosecution is that the marriage of Rangu Latha @ Shailaja (hereinafter referred to as "the deceased"), who is the daughter of P.W.1, was performed with A-1 in the month of March, 2000. At the time of marriage, P.W.1 presented dowry of Rs.1,00,000/-, 4 1/2 tolas of gold, 14 tolas of silver and other household conventional articles. The deceased joined A-1 and they lived happily for about three months and thereafter, A-1 on the instigation of A-2, who is the mother of A-1, started harassing the deceased to bring additional dowry of Rs.80,000/- during her first pregnancy and unable to bear the harassment of both the accused, she consumed poison to commit suicide, but fortunately she had survived. In this regard, a panchayat was conducted by P.Ws.9 and 10 and they advised both the parties to have peaceful living but the accused did not change their attitude and continued to harass the deceased mentally and physically just one week prior to her death. On such harassment, the deceased brought Rs.10,000/- from her parents and similarly now and then P.W.1 paid a total sum of Rs.60,000/- in different instalments to the accused as additional dowry. Not being satisfied with the same, the accused were harassing the deceased and subjected her to cruelty both mentally and physically. On 29.12.2006, both the accused harassed the deceased for dowry and the harassment was so severe, she was unable to bear with it and ultimately, the deceased jumped into an agricultural well belonging to P.W.12 and died. Basing on these allegations a charge sheet came to be filed before the Judicial Magistrate of First Class, Peddapally, who inturn committed the case to the Sessions Division under Section 209 of Cr.P.C., wherein it came to be numbered as S.C.No.492 of 2007.