VODNALA SATYANARAYANA Vs. STATE OF A.P

JUDGEMENT

(1.) The appellant/accused is convicted for the offence under Sec. 304-B IPC and sentenced to undergo RI for seven years and also convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.1,000.00for the offence punishable under Sec. 498-A of IPC , in default, to suffer two months simple imprisonment, vide judgment in S.C.No.433 of 2006, dtd. 31/7/2009 passed by the III Additional Sessions Judge(FTC),Asifabad. Aggrieved by the same, the present appeal is filed.

(2.) The case of the prosecution is that the marriage of the deceased with the appellant was performed on 9/11/2000. Dowry of Rs.1,25,000.00, 5 tulas of gold, 15 tulas of silver, TV and other articles were given. The deceased and the appellant lived happily for one year and thereafter, the appellant started harassing the deceased for additional amount of Rs.50,000.00. Due to the persistent demand, P.W.1 gave an amount of Rs.35,000.00and thereafter Rs.30,000.00 20,000/- on three different occasions. On 4/1/2006, the appellant allegedly beat the deceased for additional dowry and she was asked to get another Rs.10,000.00. Accordingly, P.W.1 gave an amount of Rs.5,000.00and sent her home. However, he came to know that on 5/1/2006 the deceased died and having killed the deceased, the appellant and his parents were trying to cover up the murder by stating it to be a case of suicide for which reason the action was said to be taken against the appellant and others. The police after investigation filed chargesheet for the offences under Ss. 304-B read with Sec. 34 IPC against appellant and the acquitted accused (A2 and A3).

(3.) Learned counsel for the appellant submits that though there is an allegation of demand of money and PW.1 gave his daughter the amount on three different occasions, there is no allegation that subsequent to such demand of money, there was any kind of illtreatment. Mere demanding money will not amount to an offence under Sec. 304-B of IPC.