PINJARI CHINNA KHASIM Vs. PINJARI KHASIM AND ORS.
LAWS(APH)-2019-10-60
HIGH COURT OF ANDHRA PRADESH
Decided on October 25,2019

Pinjari Chinna Khasim Appellant
VERSUS
Pinjari Khasim And Ors. Respondents


Referred Judgements :-

STATE OF ANDHRA PRADESH V. HYMAD PASHA [REFERRED TO]
KULWANT SINGH VS. AMARJIT SINGH [REFERRED TO]


JUDGEMENT

C.PRAVEEN KUMAR,J. - (1.)Aggrieved by the judgment of acquittal, dated 14.08.2012, in Sessions Case No. 413 of 2008, on the file of the I Additional Sessions Judge at Kurnool, the present appeal is filed by the aggrieved person, under Section 372 of Cr.P.C.
(2.)The substance of the charge against the Accused is that, on 13.10.2006, the Respondent/Accused caused death of one Pinjari Moula Bee [ the Deceased ], within Seven [07] years of marriage by throttling her neck.
(3.)The facts, in issue, are as under:
i. PW.1 is the brother of the Deceased. PW.2 is the mother of the Deceased. PW.3 is another brother of the Deceased. The marriage between the Accused No. 1 and the Deceased was performed 3 years prior to the date of incident. At the time of marriage, cash of Rs., 30,000/- and 03 tulas of gold was given to Accused No. 1 as dowry. After the marriage, the Deceased joined the Accused at Konidela Village. Out of wedlock, they have blessed with a daughter. It is said that, till the birth of the said child, the Deceased was looked after well and thereafter problems started. The Accused started harassing her on the ground that the dowry given was not enough. It is said that, the Deceased used to weep and narrate her woes to them. She also expressed apprehension in the hands of the Accused. It is said that, the Deceased has also shown injuries sustained by her to PW.1 and others. The parents of PW.1 gave Rs.20,000/- to PW.1 and asked him to take the Deceased to the house of the Accused. Accordingly, he gave Rs.20,000/- to the Accused and also promised to give 01 tula gold at the time of marriage. He requested the Accused to look after the Deceased properly, but, however, there was no change in the attitude of the Accused and continued beating her for additional dowry. It is said that, 10 days after receipt of Rs. 20,000/-, the Accused beat her and sent her to her matrimonial home demanding her to get some more amount. It was clarified that the 10 days referred to above was one year prior to the date of incident. It is said that the Deceased stayed in the house as she apprehended threat to her life if she goes back. A panchayat was conducted in which PW.9, PW.19 and PW.20 acted as elders, who advised them not to go to the house of the Accused for a period of Six [06] months. After Six [06] months, the Deceased was sent to the house of the Accused, but, they were informed by the villages that there was no change in the attitude of the accused.

ii. On 14.10.2006, PW.1 and others were informed that Accused No. 1 and 2 killed the Deceased by throttling her in the early hours of the day. The same was informed to PW.3 and his wife, who were staying in Kurnool. On the arrival of PW.3 and his wife, PW.1 and PW.2 went to Konidela Village and found the Accused absconding. The dead body of the Deceased was kept in the centre of the house in front of the door. They noticed swelling around the throat of the Deceased. Suspecting that the Accused are responsible for the death, PW.1 went to the Police Station and lodged a report with PW.17- Sub-Inspector of Police, Nandikotkur P.S. under Ex.P-1. Basing on Ex.P-1, he registered a case in Crime No. 187/2006 under Sections 302 and 304-B of Indian Penal Code and submitted First Information Report -Ex.P.11 to higher authorities.

iii. On 15.10.2006, PW.15- the Additional Superintendent of Police, Nandyal, received a copy of the First Information Report from Nandikotkur Police Station and took up investigation into the matter. He visited the scene of offence situated at the house of the Accused, examined PW.1 to PW.3, PW.7, PW.8, PW. 10 to PW.13 and recorded their statements. He also prepared a rough sketch of the scene -Ex.P9. In the presence of PW.16, inquest was held between 10.00 AM and 1.30 P.M. Ex.P10 is the Inquest Report. On 17.10.2008, PW.15 arrested Accused No. 1 and 2 at the house of Accused at Konidela Village and sent them to remand. PW.14 - the Civil Assistant Surgeon, Community Health Centre, Atmakur, conducted autopsy over the dead body and issued Ex.P-8 postmortem certificate. According to him, the case of death was "Asphyxia due to throttling". PW.18 took up investigation, verified the investigation done and filed charge-sheet against the Accused before the Court of Judicial First Class Magistrate at Nandikotkur, for the offence punishable under Sections 302, 304(B) of IPC and Sections 3 and 4 of the Dowry Prohibition Act, which was taken up as P.R.C. No. 4 of 2007. On appearance of the Accused, copies of the documents were furnished as required under Section 207 Cr.P.C. As the case is exclusively triable by a Court of Sessions, the same was committed to the court of I Additional Sessions Judge, Kurnool, under Section 209 Cr.P.C. On appearance of the Accused, charges referred to above came to be framed, read over and explained to the Accused to which, the accused pleaded not guilty and claimed to be tried.

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