HON’BLE SRI JUSTICE B.N. RAO NALLA Crl. R.C. No. 242 OF 2005 DATED: 02.07.2010 Between: Nagunuri Venkataramana And another .. Petitioners/accused And The State of A.P. rep. By Its Public Prosecutor .. Respondent/complainant JUDGMENT:- This Criminal Revision Case is aimed against the judgment in Criminal Appeal No.14 of 2003 dated 04-02-2005 on the file of the learned III Additional Sessions Judge (FTC) at Asifabad, whereby and whereunder the judgment of conviction and sentence of the trial Court against A-3 to A-7 and A-9 to A-12 for the offences punishable under Sections 498-A IPC and Section 4 of the Dowry Prohibition Act (for short ‘DP Act’) passed by the learned Judicial Magistrate of First Class, Luxettipet on 04-03-2003 in C.C. No.797 of 1997 were set aside, while confirming the conviction and sentence of A-1 and A-2 for the alleged offences. Questioning the same, A-1 and A-2 preferred this Criminal Revision Case. 2. The brief facts are that PW-1 is the daughter of PWs.2 and 3, who are residents of Laxettipet. PW-1 is the legally wedded wife of A-1, who is resident of Manchiryal. A-2 and A-3 are parents of A- 1. A-4 to A-12 are their close relatives, whereas A-13 is the second wife of A-1 and A-11 is the father of A-13. 3. That on 19-05-1995, the marriage of PW-1 with A-1 took place, and the parents of PW-1 gave Rs.40,000/- to A-1 besides 4 tulas of gold and other household articles towards dowry. Four months after leading happy married life, A-1 started harassing PW- 1 for additional dowry of Rs.50,000/-. At times, he used to assault her on that account. Once, in the year 1996, A-1 addressed Ex.P-3 letter to the father of PW-1 demanding a sum of Rs.10,000/- towards dowry. In reply thereto, PW-2 sent Ex.P-2 slip to PW-1 informing him that he may sell away the gold presented to PW-1 at the time of marriage. 4. As PW-1 failed to fetch additional dowry from her parents, A-1 to A-7 and A-9 to A-11 tried to kill PW-1 by pouring kerosene on one occasion and by leaking petroleum gas on the other. That, all of them beat PW-1 and drove her out of their house after snatching away her gold ornaments. The incident of necking her out of their house had become a common feature. A-1 used to fetch her and the other accused used to beat and neck her out of their house. Even on the date of Varapooja on 29-03-1996, in connection with the marriage of A-4, she was not spared. They tried to kill her by pouring kerosene on her person. However, she was saved by PW- 5. But, ultimately, A-1 to A-3 drove her out of their house, and thereafter, A-1 conveniently conducted second marriage with A-13, who is the daughter of A-11. On 08-09-1997, PW-1 lodged Ex.P-1 - complaint. On 30-09-1997, A-1 to A-7 were arrested. They were tried for the offences punishable under Sections 498-A IPC and 4 of the DP Act and they were accordingly convicted and sentenced as stated in para No.1 supra. However, on finding that the other accused were not guilty of the offences charged with, they were acquitted. That, A-1 to A-7 and A-9 to A-12 preferred an appeal before the Court of Sessions, Asifabad against their conviction. However, after hearing both sides and after considering the material on record, the first appellate Court i.e. III Additional Sessions, Court, Asifabad, set aside the conviction and sentence passed by the trial Court against A-3 to A-7 and A-9 to A-12, while confirming the conviction and sentence passed by the trial Court against A-1 to A-2. 5. The evidence of PW-1 coupled with Exs.P-2 and P-3 supports the prosecution case to the extent as believed by the first appellate Court. 6. PW-1 has stated in her complaint - Ex.P-1 dated 08-09- 1997 that on the date of her marriage with A-1 i.e. on 19-05-1995, her parents paid Rs.40,000/- to A-1 towards dowry and household articles worth Rs.20,000/- were also given. Six months thereafter, she was subjected to harassment by A-1 along with the other accused for additional dowry of Rs.50,000/-. She also stated that on more than one occasion, her life was saved by others as the accused tried to put an end to her life. On one occasion, all the accused used knives and iron rods and they were about to put an end to her life, but she was saved providentially by PWs.6 and 7. All the accused kept her under continuous threat that unless she fetched additional dowry, they would not spare her, but would certainly kill her. 7. A perusal of the evidence of PW-1 discloses that she has almost reiterated what all she stated in her complaint - Ex.P-1, except a variation of the amount paid to A-1 towards dowry. In Ex.P-1, she stated that Rs.40,000/- was given to him as dowry whereas in her evidence she stated that Rs.30,000/- was given to him as dowry. However, a perusal of Ex.P-3 - letter dated 15-03- 1996 reveals that A-1 has clearly demanded the remaining balance of the dowry amount of Rs.10,000/-. He has also put a time limit for payment of that amount i.e. by 21st March. According to PW-1, Ex.P-2 - slip was written by A-2, father of A-1. It was addressed to PW-1 wherein PW-1 was advised not to give much importance to the value of the gold except the value of her husband and not to object for sale of the same. Whereas PW-2 has stated in his evidence that A-2 had written Ex.P-2 - slip to him whereas PW-2 is alleged to have stated before the police that A-1 had written Ex.P-2 to his wife PW-1. In any case, a careful perusal and reading of Ex.P-2 reveals that it has been addressed by A-1 to his wife. In any case, the evidence of PWs-2 to 4 and 5 to 8 are similar to that of PW-1. 8. The cumulative effect of the evidence of PWs.1 to 4 is that PW-1 was subjected to physical and mental harassment for additional dowry. Whereas the evidence of PWs.5 to 8, who are related to PW-1, may not be reliable to implicate any of the accused except A-1 and A-2 since their evidence is not cogent and there are variations. They have not spoken to any specific instances or the incidents as alleged by PW-1. The evidence of PWs-8 and 9 is also to the same effect so far as the demand of additional dowry is concerned. Whereas PW- 10 is a punch witness for handing over Exs.P-2 and P-3, which are alleged to have written by A-1 to PW-2, who is his father-in-law, demanding certain amounts towards additional dowry. Maybe that Ex.P-2 is in the context of selling gold at the behest of A-1 since PW-1 has stated that her father PW-2 had informed A-1 to sell the gold that was given to PW-1 at the time of her marriage with A-1, it probabilizes the prosecution case that A-1 along with other accused had demanded additional dowry from PW-1 and also harassed and ill treated her physically and mentally. That being so, the impugned judgment of the first appellate Court in confirming the conviction and sentence of A-1 and A-2 as passed by the trial Court and also in acquitting the rest of the accused does not appear to be erroneous. Therefore, no interference therewith is warranted. In the result, the Criminal Revision Case fails, and the same is, accordingly dismissed. _________________ B.N. RAO NALLA, J 2nd July, 2010 Ktl / bcj