YADARAM LAXMINARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant is convicted for the offence under Sec. 306 of IPC and sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.2,000.00, in default, to suffer simple imprisonment for three months vide judgment in S.C.No.237 of 2008, dtd. 9/4/2009 passed by the VI Additional District and Sessions Judge, Medak at Siddipet. Aggrieved by the same, present appeal is filed.

(2.) Initially A1 to A3 were charged for the offence under Sec. 302 read with Sec. 34 of IPC and Sec. 4 of the Dowry Prohibition Act. A4 was charged for the offence under Sec. 302 r/w Sec. 109 of IPC. A1 to A3 were acquitted for the charge under Sec. 302 R/W sec. 34 of IPC and under Sec. 4 of Dowry Prohibition Act. However, the Court alternatively framed charge under Sec. 306 of IPC, for which A1 alone was convicted.

(3.) The case of the prosecution is that P.W.1 is the father of the deceased. His deceased daughter was married to one Yadagiri (P.W.8) on 15/5/2003 and they lead happy marital life for one year. However, A1 called the deceased on telephone and went to Maddikunta village. One month thereafter, the appellant/accused called the deceased and asked her to come to Kotilingala temple of Siddipet, but the appellant/accused did not go there as per his promise. Thereafter, in-laws of the deceased called P.W.1 and informed that she was missing. Having come to know that daughter was at Kotilingala Temple, they went there and brought the deceased to their house. Thereafter, she stayed there for two or three days and again went to her matrimonial house. There, the in-laws refused to take the deceased daughter stating that she was having love affair with the accused. Subsequently, the deceased took divorce from P.W.8 Ydagiri. After divorce, when the accused was asked to marry the deceased, the accused/ A1 to A3 allegedly demanded an amount of Rs.2.00 lakhs and a motor cycle towards dowry. As P.W.1 expressed that he cannot give the demanded dowry, A1/accused did not marry her. This issue went to the notice of the naxalites (Annalu). On 1/3/2005, the said naxalites came to the village and performed the marriage of the deceased with A1 in Hanuman Temple, but P.W.1 was not present on the said day. After marriage, the deceased stayed in the house of the accused for 27 days and on the 28th day, she was taken to the hospital for pesticide poisoning. Initially, she was taken to RMP Doctor, who advised to take her to Dubbak Hospital and at the said hospital, she was declared as brought dead.