LAWS(TLNG)-2022-6-85

STATE OF TELANGANA Vs. KADARI PARSHARAMULU

Decided On June 17, 2022
State Of Telangana Appellant
V/S
Kadari Parsharamulu Respondents

JUDGEMENT

(1.) The Principal Sessions Judge, Karimnagar acquitted the respondent/accused for the offences under sec. 498-A and 304-B of IPC by judgment dtd. 19/10/2020. Aggrieved by the same, this appeal is filed by the State seeking interference by this Court to reverse the order of acquittal.

(2.) Briefly, the facts of the case are that on 13/6/2015, the defacto complainant/P.W.1 filed a complaint stating that his deceased daughter's marriage was performed with the respondent/accused on 22/6/2014 and at the time of marriage, cash of Rs.50,000.00 and one gunta of land at Vidyanagar, Karimnagar was given as dowry. After the marriage, though his deceased daughter and the respondent/accused lived happily for three months, however, the respondent/accused and his mother started demanding for additional dowry of Rs.1.00 lakh. Due to the continuous harassment meted out by the respondent/accused and his mother, the deceased went to the house of P.W.1 and when the family members went for coolie work, the deceased committed suicide by hanging to ceiling fan.

(3.) During trial, the witnesses P.Ws.1 to 8 were examined and also marked Exs.P1 to P6. The learned Sessions Judge acquitted the respondent for the following reasons; i) the prosecution failed to prove that any dowry was given to the respondent/accused; ii) during the course of investigation, the demand of Rs.1.00 lakh was made for the purpose of digging of borewell and the witnesses have contradicted their own version by stating that there was a demand for additional dowry for Rs.1.00 lakh; iii) there are no specific dates or any instances stated by the prosecution witnesses regarding subjecting the deceased to harassment for additional dowry; iv) though there were several houses surrounding the house of the respondent, the Investigating Officer failed to examine any neighbours; v) though the case was that there were mediators for the payment of Rs.50,000.00 dowry and also settlement of demand of Rs.1.00 lakh, however no such mediators are examined;