KAKA VENKATESWAR RAO Vs. STATE OF A.P

JUDGEMENT

(1.) The appellant was convicted for the offences under Sec. 304-B of IPC and sentenced to undergo rigorous imprisonment for a period of seven years vide judgment in Sessions Case No.545 of 2008, dtd. 3/12/2009 passed by the Judge, Family Court-cum- Additional Sessions Judge at Khammam. Aggrieved by the same, present appeal is filed.

(2.) Briefly, the case of the prosecution is that P.W.1 is the mother of the deceased. Deceased was married to A1. At the time of marriage Rs.70,000.00 was demanded as dowry. Rs.45,000.00 cash was given, keeping balance of Rs.25,000.00 and also one gold ring. The deceased was treated affectionately for three months and thereafter, the appellant and his parents who are acquitted accused, started harassing for additional dowry. The deceased informed P.W.1 on phone that the appellant and others were harassing. P.Ws.1 and 2 went to the house of the deceased and brought her back. A1 was questioned as to why he was beating the deceased. A1 informed that the deceased was mentally retarded. PW1 stated that the deceased informed that the appellant and three others who were acquitted were harassing for additional dowry. The deceased was taken to their house and stayed there for one month. After one month, the appellant went to their house. He was presented with cash of Rs.20,000.00 and Rs.5,000.00 for purchasing a cot. Thereafter, they were happy for one month. However, the deceased again called and informed that the appellant was harassing mentally and physically for dowry.

(3.) A panchayat was held as the appellant and A4 beat the deceased. It was informed by deceased that when she questioned about the appellant and A4 sleeping on the same cot, deceased was beaten saying that she was mentally retarded. After some days, PWs.1 and 2 received information that the deceased was in hospital. P.Ws.1 and 2 went to the hospital and found the deceased dead. P.W.1 filed a complaint with the police narrating the facts suspecting that the deceased was kicked on her stomach and was killed. It was further mentioned in the complaint that the appellant/A1 was having affair with A4. On the basis of the said complaint, FIR was registered and investigated. Charge sheet was filed for the offences under Ss. 498-A and 304-B of IPC and Ss. 3, 4 & 6 of Dowry Prohibition Act.