THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1732 of 2007 18-12-2014 BETWEEN:
The State of A.P., rep. by Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh …..Appellant AND Konduru Venkatanarayana …..Respondent/Accused THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1732 of 2007 JUDGMENT:
This Criminal Appeal is preferred by the State challenging the Judgment dated 11.10.2006 passed in S.C.No.269 of 2006 by the III Additional Assistant Sessions Judge (Fast Track Court), Warangal, whereby the learned Judge acquitted the appellant/accused for the offences under Sections 498-A and 306 IPC.
The case of the prosecution is as follows:
That P.W.1 has performed the marriage of his daughter (deceased) with the accused seven years prior to the occurrence. The deceased was blessed with two daughters. The accused addicted to liquor and moving with bad company and regularly harassing the deceased. Though the deceased stated that she reported the matter to his parents, the accused did not change his behavior and he was not looking after them. Due to physical and mental harassment, the deceased consumed pesticide poison and committed suicide.
To prove the case of the prosecution, P.Ws.1 to 19 were examined and Exs.P.1 to P.7 were marked. No oral evidence was adduced on behalf of the accused, but marked Exs.D1 and D.2.
On appreciation of oral and documentary evidence, the trial Court acquitted the accused for the offences under Sections 498-A IPC and 306 IPC. Aggrieved over the same, the present appeal has been preferred by the State.
Heard and perused the material available on record.
Whether the prosecution has been able to prove the guilt of the accused for the offences under Sections 498-A and 306 IPC beyond all reasonable doubt?
Even though the prosecution examined number of witnesses i.e., P.Ws.1 to 19 to prove its case, P.Ws.1, 2, 4 and 8, who are closely related to the deceased and are interested witnesses, deposed regarding the harassment and demand of dowry by the accused. They deposed before the Court that at the time of marriage, the accused was given an amount of Rs.70,000/- towards articles and Rs.4,00,000/- was invested for the fertilizer shop, and that the accused demanded Rs.1,00,000/- for additional dowry, for which, an amount of Rs.96,000/- was paid to him. All these allegations are not stated either in the complaint, Ex.P.1, or in the statements recorded under Section 161 Cr.P.C. But curiously, all these allegations are made in the Statements recorded by the Magistrate under Section 164 Cr.P.C. The said witnesses in their cross-examination, even though denied the suggestions that they have not stated the said allegations before the police, statements under Section 161 Cr.P.C., and also in the Panchayat during the inquest report, the Investigation Officer, P.W.19 clearly admitted in his evidence that the said witnesses have not made any allegations against the accused with regard to the demand of dowry and payment of the additional dowry and also any harassment in connection with the demand of dowry.
It is to be noted that subsequent to the statements under Section 161 Cr.P.C., the witnesses, P.Ws.1, 2, 4 and 8 have given statements under Section 164 Cr.P.C., in which they have developed all these allegations of demand of dowry and harassment in connection with demand of dowry.
Learned trial Judge correctly observed that statements recorded under Section 164 Cr.P.C., shall be on the basis of the previous statements, but not to deviate from the earlier version. In this context, the learned trial Judge, while acquitting the appellant/accused, observed as follows.
The evidence of P.Ws.1, 2, 4 and 8, there is a material evidence in the chief-examination and regarding Rs.4,00,000/- paid at the time of marriage and Rs.70,000/- towards articles given and Rs.4,00,000/- invested for the fertilizer shop and demanding of Rs.1,00,000/- for which Rs.96,000/- paid and also of Rs.1,00,000/- demanding during Sankranthi festival for which refusal is made by the parents of the deceased. The Investigation Officer during the cross-examination as stated above clearly admitted that the P.Ws.1, 2, 4 and 8 never stated regarding payment of dowry and giving Rs.70,000/- towards articles. The above version is found in 164 Cr.P.C statement recorded by the Magistrate herein. The 164 Cr.P.C. statements shall be recorded of the witnesses on the basis of previous statement not to deviate from earlier version herein, but in the present case the statements of witnesses were immediately recorded and there is no statement regarding demand of amount by the accused herein and paying dowry at the time of marriage. The said version is subsequently developed by the prosecution has been clearly established and the Investigation Officer who investigated the case herein. The defence counsel vehemently submitted that the statements of 161 Cr.P.C., complaint at the time of inquest recorded never discloses the above versions of the statements of witnesses herein. To take consideration of the said fact cannot be denied herein. Admittedly the statements of 164 Cr.P.C recorded all the entire witnesses got recorded by the Magistrate herein. The independent witnesses examined in number of witnesses never spoken regarding harassment of the accused herein. The contradiction marked by the defence also established that the deceased never informed regarding the harassment to parents of the deceased or to anybody herein. The accused is residing in the same village, naturally the visiting of parents to the deceased house cannot be ruled out though the independent witnesses examined of P.Ws.5 to 7 never stated regarding harassment if any witnessed by them to the deceased by the accused herein. The evidence of parents and sister is hearsay and there is no independent witness regarding harassment made by the accused to the deceased at any point of time herein. There is no specific date, time and hour regarding harassment alleged by the accused to the deceased herein. The death of deceased is admitted by taking consuming poison is well established. There is no abatement established of the accused to commit suicide by the deceased herein.
On perusing the evidence available on record and the Judgment of the Court below, this Court is of the view that the trial Court has appreciated the evidence in proper perspective and the reasoning given while acquitting the accused is in accordance with law. The Judgment of the trial Court does not suffer from 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 18.12.2014 pln