THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1628 of 2007 22-07-2014 BETWEEN:
State of Andhra Pradesh by Public Prosecutor, High Court of Judicature at Hyderabad For the State of Telangana and the State of Andhra Pradesh.
…..Appellant AND Sagi Ashok Rao And others …..Respondents/Accused THIS COURT MADE THE FOLLOWING JUDGMENT: THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1628 of 2007 JUDGMENT:
The Criminal Appeal is preferred by the State challenging the Judgment dated 29.12.2005 passed in S.C. No.332 of 2005 by the Court of the First Additional Assistant Sessions Judge, Warangal, whereby the learned Judge acquitted the accused for the offences under Sections 498-A and 306 IPC and Section 3 of Dowry Prohibition Act.
The case of the prosecution is as follows:
That P.W.1’s daughter was given in marriage to A.1 and that at the time of marriage dowry of rupees two lakhs was also paid. A.1 to A.3 spent the dowry amount for their personal use and after some time the deceased insisted the accused to return the dowry amount in order to start an independent business for eking their livelihood. A.1 to A.3 abused the deceased in filthy language and also harassed her physically and mentally for questioning them. Due to such harassment, the deceased committed suicide in her matrimonial home. Basing on the complainant lodged by P.W.1, a case was registered against A.1 to A.3 for the offences under Sections 498-A and 306 IPC and Section 3 of Dowry Prohibition Act.
To substantiate the case of the prosecution, the prosecution examined P.Ws.1 to 10 and marked Exs.P.1 to P.17 and M.O.1. No oral 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.
The evidence of P.Ws.1 and 2 is highly unbelievable and they are interested witnesses. The F.I.R. is sent to the Court two days after its registration, which is certainly fatal in a case of this nature. P.W.10, the investigating officer, did not give proper explanation for delay in sending the F.I.R to the Court.
Heard and perused the records.
If it is the case of prosecution that the deceased was harassed in connection with demand of dowry, naturally a case under Section 304-B IPC would have been registered, whereas the case is registered for the offence under Section 306 IPC by the investigation agency. It also creates a doubt in the mind of the Court.
The prosecution has to prove the following ingredients to attract an offence under Section 306 IPC. That the deceased was compelled to commit suicide due to the inducement of the accused concerned and the deceased also not having any other alternative except to commit suicide. In the present case though P.Ws.1 and 2 deposed that the accused harassed the deceased, they have not stated any specific instances or incidents either regarding the physical harassment or mental harassment. Without there being any specific allegations with regard to the specific overt acts against the accused, the accused cannot be convicted for the offence under Section 306 IPC.
In view of the above discussion, this Court is of the view that the Court below has considered the evidence in proper perspective and the reasoning given above while acquitting the accused is also 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 fails and is liable to be dismissed.
The Criminal Appeal is accordingly dismissed. Miscellaneous applications, if any pending in this appeal, shall stand dismissed.
JUSTICE RAJA ELANGO 22.07.2014 pln