R KANTHAMMA Vs. M KRISHNAIAH

JUDGEMENT

(1.) THIS criminal appeal and the criminal revision case arise out of the judgment dated 03. 09. 1999 in Crl. A. No. 178 of 1998 on the file of the III Additional sessions Judge, Tirupati, wherein the said appeal filed by the accused was allowed setting aside the conviction of the accused for the offence under section 306 IPC and sentence of rigorous imprisonment for three years and fine of Rs. 1,000/- imposed by the learned Assistant Sessions Judge, Puttur by judgment dated 10. 11. 1998 in SC No. 399 of 1996. The present appeal is filed by the State against the impugned judgment of acquittal passed by the learned additional Sessions Judge, Tirupati and the criminal revision case is filed by the de-facto complainant.

(2.) AS both the matters arise out of the same impugned judgment, they are being heard together and disposed of by this common judgment.

(3.) THE case of the prosecution, in brief, is as follows: the accused was a resident of Berivanikandriga, working as trainee in Computer section, Apollo Hospital, Madras. Jayasankar-complainant-PW. 1 is a resident of govindappakandriga and elder brother of the deceased Bharathi. Rudra Kanthamma-PW. 2, who is the maternal aunt of the deceased Bharathi, is the wife of PW. 4 srinivasulu Naidu. As they had no issues, they brought up the deceased and got her educated. The deceased was the daughter of one Janardhan Naidu (LW. 4) and she completed her post graduation. She used to visit Govindappakandriga now and then. The accused had maternal aunt at Govindappakandriga and he used to visit the said village during holidays. About two years prior to the incident, the accused saw the deceased at govindappakandriga and developed friendship with her. The accused, who was experienced in trapping innocent girls, wrote many letters expressing his deep love for her and won the heart of the deceased. The deceased also expressed her willingness to marry the deceased. The accused was visiting Puttur and meeting the deceased at her aunt's house to the knowledge of others. He also developed physical contact with the deceased on the false promise of marriage. Later, the accused developed evil idea of extracting dowry from the deceased and wrote letters to her expressing his demand for dowry to the extent of two lakhs, besides gold. On 25. 07. 1995 also, he wrote such letter to the deceased. The deceased felt sad, as she knew the poverty of her parents. The letter written by the accused caused depression in the mind of the deceased. She waited for some time expecting change in the mind of the accused, but the accused was adamant. The deep depression caused by the letter of the accused drove the deceased to take the extreme step of putting an end to her life. She, therefore, committed suicide by hanging on 16. 02. 1996 at 10 a. m. in the house of her aunt at Puttur. On receiving complaint Ex. P. 1 from PW. 1, the sub-Inspector of Police-PW. 18 registered a case in Cr. No. 21 of 1996 and investigated. The investigation revealed that persistent demand of dowry by the accused compelled the deceased Bharathi to commit suicide. After completion of the investigation, the Sub-Inspector of Police filed charge sheet for the offence under Section 306 IPC.