P.PRAVEEN KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellants-A1 to A6 aggrieved by the judgment dtd. 7/1/2015 in S.C. No.607 of 2010 by the learned V Additional Metropolitan Sessions Judge (Mahila Court) at Hyderabad.

(2.) The case of the prosecution, as per the charge sheet filed by the Assistant Commissioner of Police, Banjara Hills Division, Hyderabad against the appellants-accused, was that the deceased Aparna was married with the appellant No.1 Praveen Kumar (A1) on 15/5/2003. It was an arranged marriage. At the time of marriage, the father of the deceased gave Rs.3.00 lakhs cash, 15 tulas of gold as dowry besides furniture worth Rs.1,00,000.00. After marriage, Aparna joined her husband (A1) and led conjugal life happily for some period. She gave birth to a boy on 22/4/2005, who was named as Sujith Kumar. The boy was aged about 5 years and was studying UKG in Vignana Jyothi Public School, Madhuranagar, Hyderabad by the date of death of the wife Aparna. The case of the prosecution was that A1, at the instigation of A2 to A6, started harassing the deceased Aparna physically and mentally for additional dowry. All the family members i.e. A1 to A6 used to consume liquor and demand the deceased to get money from her parents. A1, at the instance of his other family members, used to beat the deceased Aparna. A2 to A6 provoked A1 to send the deceased to her parents' house to get Rs.2.00 lakhs for purchasing a car for them. Due to the continuous harassment by A1 to A6, the deceased went into depression and on 27/7/2009 in the afternoon committed suicide by hanging to the ceiling fan with her chunni. She left a suicide note stating that no one was responsible for her death. The accused persons informed about the death of Aparna to her father. The father of the deceased lodged a report before the police on 27/7/2009 at 6.30 PM stating that all the accused persons i.e. his son-in-law (A1), the mother of A1 (A2), the sister of A1 (A3), the husband of A3 (A5) and the brothers of A1 (A4 and A6) were responsible for the death of his daughter.

(3.) Basing on the said report, the Sub-Inspector of Police, Jubilee Hills Police Station, registered a case vide Crime No.350 of 2009 for the offences under Ss. 306 and 498-A IPC. He visited the scene of offence i.e. house of A1 at Sri Krishna Nagar, Hyderabad and drafted a rough sketch of the scene and also got photographed the scene through a photographer. He conducted the scene of observation panchanama in the presence of witnesses and seized two chunni pieces used by the deceased for committing suicide, the suicidal note and the CD marker which was placed on the suicidal note and a diary of the deceased. He recorded the statements of the neighbours of the deceased and shifted the body to the Osmania General Hospital Mortuary. He gave requisition to the MRO to conduct inquest. The MRO, Nampally visited the OGH Mortuary and conducted the inquest over the body of the deceased. She examined the father and brother of the deceased during inquest and sent the dead body for Post Mortem Examination. The Assistant Professor of Forensic Medicine, Osmania Medical College, Hyderabad conducted autopsy. As per his opinion, the deceased died due to hanging. Basing on the statements of the father and brother of the deceased recorded during the inquest, the SI of Police, Banjara Hills Police Station added Sec. 304-B IPC to the existing offences under Ss. 306 and 498-A IPC. He also recorded the statements of the blood relatives of the deceased. He effected the arrest of A1 to A5 on 30/7/2009. A6 surrendered before the court on 5/8/2009. The Sub-Inspector sent the suicide note along with the diary of the deceased to the Forensic Science Laboratory. The Scientific Officer of FSL gave opinion that the suicide note was written by the person, who wrote the diary and the said writings were matching. After completing the investigation, the Assistant Commissioner of Police, Banjara Hills filed charge sheet against A1 to A6.