THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.510 of 2008 10-09-2014 BETWEEN:
State of A.P., Rep. by the Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of A.P.
…..Appellant AND Badi Subbarami Reddy And others …..Respondents/accused THIS COURT MADE THE FOLLOWING JUDGMENT: THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.510 of 2008 JUDGMENT:
This Criminal Appeal is preferred by the State challenging the Judgment dated 07.11.2006 passed in C.C.No.917 of 2002 by the Court of the II Additional Judicial Magistrate of First Class, Nellore, whereby the learned Judge acquitted the accused for the offence under Sections 498-A IPC, 406 IPC and Sections 3 and 4 of Dowry Prohibition Act.
The case of the prosecution, as recorded by the Court below, is as follows.
That on 13-10-2000 the marriage of P.W.1 and A.1 was solemnized at Town Hall, Nellore and at the time of marriage, P.W.2 gave an amount of Rs.75,000/- and 20 sovereigns of gold ornaments and household utensils worth about Rs.35,000/- to the accused in the presence of P.W.3, P.W.4 and one venati Sadasiva Reddy as demanded by the accused towards dowry. Further P.W.2 gave two acres of land situated at Kodur Bit-II vide Survey Nos.1283-C and 1228-D respectively as bridegroom’s gift. After marriage, P.W.1 joined with A-1 to A-4 family, which is a joint family and at about 2 months back, A-1 and P.W.1 led their matrimonial life happily. Since then, harassment had been started by A-1 to A-4 with a demand to bring money by selling away the land given by P.W.2 to her. Moreover, the accused sold away the silver articles worth about Rs.8,000/- of P.W.1 and household utensils and spent the money lavishly. Finally P.W.1 was sent out of the house of the accused, when she was carrying 7th month pregnancy. On 30-09-2002, A-1 and A-2 were arrested and sent for remand. A-3 and A-4 obtained anticipatory bail. Hence the charge.
To prove the guilt of the accused, P.Ws.1 to 5 were examined and Exs.P.1 and P.2 were marked on behalf of the prosecution. No oral evidence was adduced on behalf of the accused but marked Exs.D.1 to D.6.
On appreciation of oral and documentary evidence, the trial Court acquitted the accused observing as under (para 16).
As admitted by the prosecution that after sending the legal notice to P.W.1 by A.1 dated 19.02.2002, she gave reply on 21.03.2002. Subsequently, on 03.07.2002, she filed a private complaint against the accused, it clearly shows that it is only an afterthought for filing a criminal case. If P.W.1 is really subjected to harassment by the accused and driven out for additional dowry, why she failed to give any report against them. Moreover, the mother of P.W.1 is not examined by the prosecution. The non-examination of the mother of P.W.1 is one of the grounds to discard the evidence of P.W.1, since she went to the house of the accused to bring P.W.1 to her house for delivery, who was carrying 7th month pregnancy and at that time, the accused picked up quarrel with the mother of P.W.1 as deposed by P.W.1 in her evidence. If it is true, the mother of P.W.1 is the best witness to speak and corroborate the evidence of P.W.1. The non-examination of the mother of P.W.1 is best known to the prosecution. Moreover, no independent witnesses are examined by the prosecution to prove the contention of P.W.1 that she was subjected to harassment by the accused.
Heard the learned Public Prosecutor and the learned counsel for the accused and perused the material available on record.
Considering the findings recorded by the trial Court and the evidence on record, this Court is of the view that the trial Court has rightly acquitted the accused for the offence under Sections 498-A IPC, 406 IPC and Sections 3 and 4 of the Dowry Prohibition Act. As rightly observed by the trial Court, the complaint does not disclose any offence under Sections 498-A IPC, 406 IPC or Sections 3 and 4 of the Dowry Prohibition Act. The allegation that P.W.1 was asked by the accused to sell the land, which was given as Pasupu Kunkuma to P.W.1 at the time of marriage, is not proved by the prosecution. The Pasupu Kunkuma is in the nature of Sthri Dhana and it will not come under the purview of dowry. Further, there is nothing on record to show that the said land was given to P.W.1 by P.W.2 at the time of marriage.
Hence, the accused is entitled for acquittal for the offences under Sections 498-A IPC, 406 IPC or Sections 3 and 4 of the Dowry Prohibition Act.
The Judgment of the trial Court does not suffer any perverse findings and the acquittal recorded by the trial Court needs no interference by this Court.
The Criminal Appeal is accordingly dismissed. Miscellaneous applications, if any pending in this appeal, shall stand dismissed.
JUSTICE RAJA ELANGO 10.09.2014 pln