THOTA KOTI Vs. STATE OF TELENGANA

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973 ('Cr.P.C'), is filed by the appellant/ Accused No.1, challenging the judgment, dtd. 27/8/2014 passed in Sessions Case No.39 of 2013 by the learned II Additional Sessions Judge, Warangal, whereby, the Court below acquitted the appellant/A.1 of the offences under Ss. 498-A, 304-B IPC and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 ('D.P.Act'), and convicted him of the offences under Ss. 302 and 201 of IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs.1,000.00, in default, to undergo simple imprisonment for three months of the offence under Sec. 302 IPC; to undergo rigorous imprisonment for two years and to pay fine of Rs.500.00, in default, to under simple imprisonment for one month of the offence under Sec. 201 of IPC. Both the sentences were ordered to be run concurrently.

(2.) Heard the submissions of Sri P.Bhanu Prakash, learned counsel for the appellant/A.1, Sri C.Pratap Reddy, learned Public Prosecutor appearing for the respondent/State and perused the record.

(3.) The case of the prosecution, in brief, is that on 21/3/2012 at 09:30 hours, PW.1-Manda Laxminarayana, lodged Ex.P.1-report with the police stating that his second daughter by name Thota Chamanthi (hereinafter referred to as 'deceased') got married to Accused No.1-Thota Koti (hereinafter referred to as 'A.1') about six years ago. Cash of Rs.1,00,000.00 and two acres of agricultural land was given as dowry at the time of marriage. The deceased and A.1 were blessed with two children. Thereafter, A.1 started harassing the deceased to sell the agricultural land given towards dowry. Therefore, about six months prior to the death of the deceased, the agricultural land was sold and the sale proceeds of Rs.4,00,000.00 was given to A.1. Thereafter, A.1 and the deceased led happy marital life for few days. Again, A.1 started harassing the deceased to bring additional dowry of Rs.2,00,000.00, for which, about 15 days prior to the death of the deceased, an amount of Rs.50,000.00 was given to A.1. While so, on 21/3/2012, during the early hours, i.e., at about 02:00 hours, A.1 and his parents i.e., A.2-Reddaiah, A.3-Shashirekha harassed the deceased. In that context, A.1 killed the deceased by beating with M.O.2-hammer and threw the dead body in the well, which is located within the premises of house of A.1. PW.1 stated that A.1, A.2, A.3 and the sister-in-law of the deceased Bootham Vijaya (A.4) and her husband Bootham Sudhakar (A.5), are responsible for the death of deceased. On 21/3/2012 at about 7.00 A.M, A.5 informed PW.1 over phone about the incident. PW.1 and his family members went to the house of the accused and found the dead body of the deceased in the well. Hence, PW.1 lodged Ex.P.1-report dtd. 21/3/2012 with the Kakatiya University Campus Police Station, Warangal Urban, to take necessary action against A.1 to A.5.