THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1421 of 2008 09-10-2014 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 Malla Vasu Babu And others.
…..Respondents/Accused THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1421 of 2008 JUDGMENT:
This Criminal Appeal is preferred by the State challenging the Judgment dated 27.02.2007 passed in C.C.No.785 of 2005 by the I Additional Chief Metropolitan Magistrate, Visakhapatnam, whereby the learned Judge acquitted the accused/A.1 to A.6 for the offence under Section 498-A IPC.
The case of the prosecution, as recorded by the Court below, is as follows:
That A.1 married Mrudula Krishna Latha on 14.08.2002 at Annavaram Devasthanam as per Hindu caste customs, on the occasion of marriage, L.Ws.2 and 3, Dadi Sivaram and Dadi Nagarathnam, the parents of L.W.1, M.K.Latha presented 2.75 lakhs as dowry, 24 tolas of gold, 20 tolas of silver articles and Hero Honda Splendor Motor Cycle, 10 days after the marriage, A.1 to A.6 started harassing L.W.1 mentally and physically demanding extra dowry, later A.1 went to Hyderabad for attending his job and then A.2 to A.6 harassed L.W.1 for more dowry, later L.W.2 took L.W.1 to Hyderabad and gave sare saman worth Rs.32,000/- later L.W.2 returned from Hyderabad and again A.1 started harassing L.W.1 with the support of A.2 to A.6 and he has not provided food and they did not provide medical facility when she was running pregnancy and harassed her for more dowry and ultimately they necked her out and then A.1 to A.6 harassed L.W.1 on phone also and consequently, she gave birth to a still born child and even then A.1 to A.6 continued the harassment and unable to bear the harassment, L.W.1 presented a report to L.W.9, S.I. of Police, Steel Plant, Law and Order Police Station, who in turn, registered the same as a case in Crime No.23/2005 and investigated into the case and L.W.10 the Inspector of Police filed charge sheet.
To prove the case of the prosecution, P.Ws.1 to 7 were examined and Exs.P.1 and P.2 were marked. No oral evidence or documentary evidence was adduced on behalf of the accused.
On appreciation of oral and documentary evidence, the trial Court acquitted the accused on the following grounds.
In a stunning revelation, P.W.2, the father of P.W.1, says that P.W.1 has been with them for three years preceding Ex.P.1 and with this admission, P.W.2 cut short the entire prosecution version and he further says that they together filed a petition for mutual divorce and it is another circumstance which shows that they made up their mind to live apart and so they jointly filed petition for mutual divorce and if there was any such harassment there was no occasion for their coming to an understanding for obtaining divorce to file a petition for mutual divorce and it all shows that on second thought this P.W.2 got this case filed through P.W.1 with a view to get back the balance dowry amount from A.1.
Heard and perused the material available on record.
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 above 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 09.10.2014 pln