B VENKAT SWAMY Vs. VIJAYA NEHRU

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of the Division Bench of the Andhra Pradesh High Court directing acquittal of respondent No. 1 who was convicted for alleged commission of offences punishable under Sections 498A and 302 of the Indian Penal Code, 1860 (for short IPC). Respondent (hereinafter referred to as the accused) and his mother faced trial for alleged commission of offence punishable under Section 498A IPC. In addition, respondent-accused was found guilty of offence punishable under Section 302 IPC and Section 4 of the Dowry Prohibition Act (in short DP Act). The learned Sessions Judge, Kurnool, found that the accusations against A2 i.e. mother of the respondent-accused were not established and she was acquitted of the charges. However, respondent-accused was found guilty of the offence punishable under Sections 498A, 302 IPC and Section 4 of the DP Act.

(2.) Prosecution version in a nutshell is as follows : Prosecution witnesses are the residents of Kurnool. A-1 is the resident of Hyderabad. PWs. 1 and 2 are the parents of Shreelakshmi (hereinafter referred to as the deceased). PW3 the brother of PW.1 and PW.7 is the sister of PWs. 1 and 3. A-l was the husband of the deceased and A-2 is the mother of A-l. On 12-11-1995 the marriage of A-l and the deceased was celebrated. At the time of marriage PW.1 gave a sum of rupees one lakh in cash, 15 tolas of gold and one Yamaha Motor Cycle to A-1. At the time of marriage 15 tolas of additional gold were put on the body of the deceased. After the marriage, A-1 and the deceased set up a new home at Hyderabad as A-1 was working in the Defence on daily wages basis. After the marriage, he was permanently appointed as Junior Scientific Officer in D.R.D.A. As they had set up a new establishment, PWs. 2, 3 and 7 purchased some household articles worth Rs. 25,000/- and presented those to them. After one and half month of stay at Hyderabad, it is alleged, A-1 and A-2 started harassing the deceased to get more money and additional 15 tolas of gold jewellery which were put on the deceased at the time of the marriage. After some time A-1 lost his Yamaha Motor Cycle at Tank Bund. A-1 asked the deceased to ask PW. 1 and other members of the family to purchase a new Motor Cycle for him. A-1 and the deceased were visiting Wanaparthy frequently on weekends as A-1s parents were residing at Wanaparthy. On such occasions A-2 used to harass the deceased to get additional gold of 15 tolas and a new motor cycle as she was the only daughter of her parents. PW.1 and others asked A-l as to why he was demanding more gold and another motor Cycle. A-1 used to answer that he never asked his wife to demand such articles. On 18-4-1996 PWs.1 and 2 went to Hyderabad and PW.1 dropped PW.2 at Hyderabad as the birthday of the deceased was on 27-4-1996, PW1 advised PW.2 to stay there and get the deceased and A-1 to Kurnool on 26-4-1996 to celebrate the birth day of the deceased. PW.2, the deceased and A-l went to Kurnool at midnight on that day. They celebrated the birthday of the deceased at Kurnool on 27.4.96. After taking dinner, some of the family members went to a late night movie show at about 12.30 a.m. in the night. After returning from the picture, A-l and the deceased were sleeping in a bedroom upstairs separately. On 28-1-1996 at about 7.00 a.m. PW.3 received a call from Wanaparthy. The call was made by the father of A-1 named vs. Anjaneyulu. The said Anjaneyulu told PW.3 that A-1 had come to Wanaparthy and he was weeping and not disclosing anything and asked him as to what happened at Kurnool. Then PW. 1 to 3 went upstairs to the bedroom of A-1 and the deceased. The door was bolted from inside. With force they opened the door. The door bolt gave a way for them to enter into the room. They found that the deceased was hanging by one end of the saree tied to the neck and the other end of the saree was tied to the ceiling fan. The deceased was in a kneeling position. A neighbour Dr. Venkata Ramana examined the deceased and declared her dead. On 28-4-96 at about 10.00 a.m. PW.11 the Inspector of Police received the first information report given by PW.1 which is Ex.P-1. On the strength of Ex.P-1, the offence was registered by PW. 11 in Cr.71/96 under Sections 498-A and 306 IPC. He prepared the copies of first information report and dispatched to all concerned. Ex.P-13 is the copy of the FIR received by the Court. On 28-4-1998 PW.4 the Mandal Revenue Officer, on a requisition conducted inquest over the dead body of the deceased in the presence of PW.5. On 29-1-1996 PW. 11 prepared the observations report of the scene of offence in the presence of panch witnesses. Ex.P-10 is the observations report. Ex.P-14 is the rough sketch of the scene of offence. PW. 11 seized M.Os. 5 to 11 from the scene of offence. On 29-4-1996 PW.9 examined PW.7 and two others and recorded their statements. On 28-4-1996 PW.6 the Professor and Head of Department, Kurnool Medical College, Kurnool on requisition conducted autopsy over the dead body of the deceased. Ex.P-6 is the postmortem certificate. On 15-5-1996, PW.10 the Deputy Superintendent of Police, Kurnool on receiving intimation altered the section of law in Cr. No.71/1996 of Kurnool II town Police Station from Sections 498-A and 306 IPC to Section 304-B IPC. PW.10 visited the scene of offence and prepared the observation panchnama. Ex.P-11 is the Panchnama. On 14-5-1996 PW.11 arrested A-1 and A-2. On completion of investigation, charge sheet was filed by PW.11 against A-1 and A-2 under Sections 302 and 498-A IPC and Section 4 of the DP Act.

(3.) Accused persons denied the allegations. It was suggested that the accused persons were falsely implicated because the deceased was found dead in the house of the PWs 1 and 2.