LAWS(TLNG)-2024-2-67

MD. SULTAN PATEL Vs. K.NAGESWARA RAO

Decided On February 15, 2024
Md. Sultan Patel Appellant
V/S
K.NAGESWARA RAO Respondents

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellants / A1 and A2 aggrieved by the judgment of conviction and sentence passed by the IV Additional District and Sessions Judge (Fast Track Court) at Mahabubnagar in S.C.No.114 of 2010 dtd. 21/2/2012 convicting them for the offence under Sec. 304-B of IPC to rigorous imprisonment for a period of seven (07) years each and for the offence under Sec. 4 of Dowry Prohibition Act (for short 'DP Act') to rigorous imprisonment for a period of six (06) months each and fine of Rs.500.00 in default to suffer simple imprisonment for one month each, which were directed to run concurrently.

(2.) The case of the prosecution in brief was that on 11/6/2009 at 11:30 hours, the mother of the victim woman lodged a report in PS Talakondapally stating that her younger daughter Bodasu Vasantha @ Sujatha aged 20 years was given in marriage to one Bodasu Narsimha, S/o.Krishnaiah, R/o.Rampur Village, Mahabubnagar District, three months prior to the date of her giving the report. At the time of marriage, they had given net cash of Rs.40,000.00 towards dowry and promised to give two tulas of gold at a later date, as they were unable to provide the same at the time of marriage due to their poor financial condition. Her daughter Vasantha was harassed by her husband Bodasu Narsimha (A1) and her father-in-law Bodasu Krishnaiah (A2) demanding the two tulas of gold, which was agreed to be paid at the time of marriage and subjected her daughter to mental agony. They also beat her. Unable to bear their harassment, her daughter Vasantha came to their house at Chinnapally Village 20 days prior to the date of her report. Six days ago, her son-in-law came to their house at Chinnapally Village and asked them to send Vasantha along with him and reiterated his demand for arranging two tulas of gold, which was already promised. Upon which, the complainant tried to convince him stating that the demand of two tulas gold would be fulfilled in due course, as their financial condition was not good. Upon that, her son-in-law Narsimha left the house leaving his wife Vasantha with them. Three days ago i.e. on 9/6/2009, the brothers-in-law of her son-in-law by name Anjaiah, R/o.Vasudevpur and Srinu, R/o.Manyagudem Village came to their house and took Vasantha along with them assuring that they would see that Vasantha would not be harassed. While so, one Jangaiah, R/o.Rampur Village came to them on 11/6/2009 and told that Vasantha poured kerosene and set herself ablaze. Upon which, the complainant rushed to Rampur Village and came to know that her daughter Vasantha was shifted to Amangal Government Hospital for treatment and that was further referred to Osmania General Hospital, Hyderabad for better treatment.

(3.) Basing on the said report lodged by the mother of the victim, the SubInspector of Police (for short 'SI'), PS Talakondapally registered a case in Crime No.68 of 2009 under Sec. 498-A of IPC. The Sub-Inspector of Police recorded the statements of the complainant as well as the other witnesses, visited the scene of offence at Rampur Village, conducted panchanama before the panch witnesses, drafted the crime detail form and rough sketch and seized 5 liters of empty kerosene plastic can used by the deceased for setting herself ablaze. The dying declaration of the deceased was recorded by the I Metropolitan Magistrate, Hyderabad at Osmania General Hospital on 11/6/2009 at 09:30 PM. On 24/6/2009 at 08:45 hours, on receipt of death intimation of the victim Bodasu Vasantha @ Sujatha, the SI altered the Sec. of Law from 498-A of IPC to Sec. 304-B of IPC. The Tahsildar, Talakondapally conducted inquest over the dead body of the deceased in the presence of panch witnesses. Subsequently, the Medical Officer of Osmania General Hospital conducted postmortem examination. The Associate Professor of Department of Forensic Medicine of Osmania Medical College issued PME report opining that the cause of death was due to burns. Subsequently, the Deputy Superintendent of Police of Shadnagar conducted investigation and filed charge-sheet against A1 and A2 for the offences punishable under Ss. 304B of IPC and Ss. 3 and 4 of DP Act, 1961.