SUNKARA NAGARAJU Vs. STATE OF A P
HIGH COURT OF ANDHRA PRADESH
STATE OF A P
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T. Rajani, J. -
(1.)This appeal is preferred by the appellant, who is the accused, questioning the conviction and sentence imposed by the court of I Additional District & Sessions Judge, Krishna at Machilipatnam, vide judgment, dated 01.02.2010, passed in Sessions Case No.115 of 2009, whereby the appellant was convicted for the offence under Section 304 B IPC and Section 3(i) and 4 of the Dowry Prohibition Act and was sentenced to undergo rigorous imprisonment for ten years for the offence under Section 304B IPC; to undergo rigorous imprisonment for a period of five years and also to pay a fine of Rs.15,000/- in default to suffer simple imprisonment for one year for the offence under Section 3(1) of the Dowry Prohibition Act; and to undergo Rigorous Imprisonment for six months and fine of Rs.2000/- in default to suffer simple imprisonment for one month for the offence under Section 4 of the Dowry Prohibition Act.
(2.)The facts of the case briefly are that the marriage of the deceased and the accused took place in the month of May, 2006. A sum of Rs.3,000/- was given at the time of marriage and a balance of Rs.10,000/- was promised to be paid subsequently. Later, the deceased joined the accused and they lived happily for some time therein. The accused started harassing and humiliating the deceased for the balance amount of agreed dowry. Prior to 21.05.2007, the accused sent the deceased to her maternal house to bring the balance amount of agreed dowry. While she was present there, the accused also sent one Ravamma @ Devi, who was a mediator for their marriage, to demand the agreed balance of dowry. On 22.05.2007, due to the harassment meted out by the accused, the deceased committed suicide by falling under a train.
(3.)Based on the report given by the father of the victim, a case was registered in Crime No.34/X-2/2007 of RPS Tadepalli Police Station, Gudivada RPOP under the head women missing. Later the section of law was altered to Section 498A IPC. During the course of investigation, the parents of the victim intimated the Sub-Inspector of Police, I Town Police Station, Gudivada that the dead body of their daughter was found on the railway track; then the section of law was altered to Section 304B and 306 IPC and Sections 3 and 4 of the Dowry Prohibition Act.
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