HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1206 OF 2007 JUDGMENT:
This criminal appeal is preferred by the State by invoking the provision under Section 378 (3) & (1) of the Code of Criminal Procedure (for short ‘Cr.P.C.) being aggrieved by the judgment, dated 25.01.2006 rendered in S.C. No.24 of 2005, passed by the IV Additional District & Sessions Judge, Kakinada, whereby and whereunder the learned Judge found the accused not guilty of the offence punishable under Section 304-B IPC and acquitted them of the said offence.
2. The case of the prosecution in brief is that the marriage between A-1 and the deceased (2nd daughter of PW-1) was performed about three years back from the date of occurrence. PW-1 agreed to give Rs.40,000/- and a portion of the house as dowry. At the time of marriage, Rs.30,000/- was given towards dowry and promised to pay the balance of Rs.10,000/- soon. After marriage, both A-1 and the deceased lived happily. Subsequently, A-1 along with A-2 to A-3 (father, mother and sister of A-1) started harassing the deceased for the balance dowry of Rs.10,000/-. The deceased informed her parents about the harassment of the accused. Not satisfied with the demand of dowry, A-1 to A-4 started harassing the deceased to bring money by disposing of her house portion. On 14-12-2003 at about 10.00 a.m., the deceased and A-1 disputed with each other and A-1 wanted to drop the deceased at her parents’ house at Kakinada and took her along with him. While A- 1 walking ahead, the deceased was following him. After sometime, A- 1 found the deceased missing and went to the house of PW.1 and informed about missing of the deceased. Later, they made searches for the deceased. On 15.12.2003 at 12-10 p.m., on the report of PW.1, a case in Crime No.151 of 2003 was registered under the head of woman missing by the police, Coringa and investigated into. While making searches, the body of the deceased was traced out and on 17.12.2003 and the matter was informed to PW.1 and the Assistant Panchayat Secretary (PW.8). They identified the body as Karri Saraswathi (daughter of PW.1) and on the report given by PW.8, the Section of law was altered in Crime No.151 of 2003 from woman missing to Section 174 Cr.P.C., and the inquest over the dead body was conducted. On 19.12.2003 on the strength of further report of PW.1, the section was altered from 174 Cr.P.C. to 304-B read with 34 IPC and the police took up investigation. The investigation disclosed that due to the harassment made by A-1 to A-4 for demand of dowry and the mental torture made by them, the deceased felt dejected on life and drowned in sea water and died by drowning.
A-1 to A-3 were arrested on 22.12.2003 and were sent for remand. A-4 was arrested on 16.01.2004 and as she obtained anticipatory bail, she was released on bail. After completion of investigation, charge sheet was filed against the accused for the offence under Section 304-B read with 34 IPC.
3. On 15.09.2004 A-1 died as such, the case against A-1 was abated. The III Additional Judicial Magistrate of First Class, Kakinada took cognizance of the case and committed the case to the Sessions Division, East Godavari, Rajahmundry and thereafter, the case was committed to the trial Court for disposal in accordance with law. On appearance of A-2 to A-4 before the trial Court, the charges framed against them were read over and explained to them in Telugu, for which the accused pleaded not guilty and claimed to be trial.
4. To substantiate its case, prosecution examined PWs.1 to 14 and marked Exs.P-1 to P-24, apart from M.Os.1 to 3. On behalf of the defence, no oral evidence was adduced, but Exs.D-1 to A-9 were marked.
5. After evaluating the oral and documentary evidence adduced by the prosecution, the trial Court in its judgment, observed as follows:
“The evidence of the prosecution witnesses suffered with discrepancies and it is their evidence that an amount of Rs.40,000/- was agreed to pay by PW-1 as dowry to A-1 and Rs.30,000/- was paid at the time of marriage, and disputes arose between the deceased and A-1 for the remaining amount of Rs.10,000/-, whereas in the complaint as well as in the statements before the Investigation Officer, it was stated that PWs.1 and 2 agreed to pay Rs.40,000/- as dowry and the same was paid to the accused. If the entire amount of Rs.40,000/- was paid at the time of marriage, as stated by the witnesses, the question of arising disputes does not arise in connection with the remaining amount of Rs.10,000/-. Apart from that, in the entire evidence on record there is no specific instance or incident, which is of such a nature to drive the deceased to commit suicide. Further, the entire evidence on record speaks about some disputes between the deceased and A-1. It does not disclose any incidence in connection with demand of dowry soon prior to her death.”
6. In view of the above, the trial Court came to the conclusion that the prosecution failed to establish its case beyond reasonable doubt and acquitted all the accused for the offences alleged against them. Aggrieved over the same, the State preferred the present appeal.
7. Heard the learned Public Prosecutor for the appellant – State and the learned counsel for the accused – respondents and perused the material available on record.
8. A perusal of the record discloses that as rightly observed by the trial Court, except some vague allegations, there are no specific overt acts against all the accused and the evidence adduced by the prosecution witnesses also not corroborated with each other. The learned trial Judge has appreciated the entire evidence both factually and legally in proper perspective, relying on the judgments of the Apex Court. Hence, this Court is of the view that the order of acquittal recorded by the trial Court against the accused – respondents is in accordance with law and there is nothing to interfere with the same.
9. Accordingly, the Criminal Appeal is dismissed. Miscellaneous petitions, if any pending, shall stand dismissed.
RAJA ELANGO, J September 11, 2014.
KTL