THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1808 of 2004 01-12-2014 BETWEEN:
State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad …..Appellant AND Bachupalli Praveen Rao and 2 others …..Respondents THIS COURT MADE THE FOLLOWING ORDER:
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1808 of 2004 JUDGMENT:
This Criminal Appeal is filed by the State challenging the judgment dated 9.06.2003 on the file of the Assistant Sessions Judge in S.C.No.587 of 2001 whereby the learned Sessions Judge found A.1 to A.3 not guilty of the offence under Section 304-B IPC and acquitted them of the charge. However, A.1 is found guilty of the offence under Section 498-A IPC and was sentenced to undergo R.I. for three years and to pay a fine of Rs.3,000/-, in default, to undergo S.I. for six months. He is further convicted for the offence under Section 4 of the Dowry Prohibition Act and sentenced to R.I. for a period of two years and to pay a fine of Rs.2,000/-, in default, to suffer S.I. for three months.
The brief facts of the case of the prosecution are as follows:
A.2 and A.3 are grandfather and grandmother of A.1. P.W.1 is elder brother of deceased-Anitha and P.W.3 is the mother of deceased. According to P.W.1, the marriage of deceased was performed with A.1 on 23.2.1996 by giving cash of Rs.2.00 lakhs and other gold ornaments and articles towards dowry. Since then, A.1 was subjecting the deceased to cruelty on the ground that she gave birth to two female children and also demanding Rs.1.00 lakh as additional dowry and Hero Honda Motorcycle. About 5 to 6 times, the deceased was sent away from the house. On 5.9.2000 at about 7.00 p.m., A.1 telephoned to P.W.1 stating that unless he pays additional dowry of Rs.1.00 lakh, he will kill the deceased and will again marry another woman. Finally, on 8.9.2000 he received information about the death of deceased by consuming poison. On the basis of Ex.P.1 complaint lodged by P.W.1, a case was registered and after complying all the formalities and after completion of investigation, police laid the charge sheet against the accused for the offences alleged.
In order to bring home the guilt of the accused, prosecution examined P.Ws.1 to 20 and marked Exs.P.1 to P.26 and exhibited M.O.1. On behalf of defence, D.W.1 is examined and Ex.D.1 was marked.
After evaluating the entire evidence brought on record, the trial Court convicted and sentenced A.1 as aforementioned by acquitting the other accused.
Heard the learned Additional Public Prosecutor and learned counsel for respondents and perused the material brought on record.
It is represented that A.2 is no more. Hence, the appeal against A.2 is dismissed as abated.
Pending the appeal, the first respondent-A.1 preferred an appeal against the conviction under Section 498-A IPC and the same was dismissed by this Court and he has also served the entire sentence as far as the offence under Section 498-A IPC is concerned.
Now the point for consideration is whether the acquittal recorded by the trial Court in favour of the respondents for an offence under Section 304-B IPC is sustainable.
The learned trial judge elaborately discussed the entire evidence adduced by the prosecution more particularly, the date of marriage and also the date of death of deceased to come to a conclusion that the death is within the period of seven years of marriage. Further he has discussed the entire evidence of witnesses those who are close relatives of the deceased more particularly the evidence of P.W.3. After perusal of the said evidence, the trial Court observed that those witnesses have not stated anything regarding any particular instance or incident which is of such a nature to come to a conclusion that the deceased was harassed by the respondents herein in connection with demand of dowry. Further the learned trial Judge is of the view that there is no proximity between the death of the deceased and the alleged demand and harassment in the hands of the respondents-accused concerned.
This Court also perused the entire evidence and heard the arguments. On perusal of the entire evidence adduced by the witnesses, nowhere, it is specifically stated by any of the witnesses that the deceased was subjected to cruelty/harassment which is of such a nature that necessitated the deceased to commit suicide. The witnesses deposed the word ‘harassment’ alone and they have not deposed regarding the specific harassment or demand made by the respondents-accused concerned. No ground is made out to interfere with the order of acquittal recorded by the trial court.
The appeal fails and the same is accordingly dismissed.
Miscellaneous Petitions, if any, pending shall stand closed.
RAJA ELANGO,J 01.12.2014 Tsr