THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 231 of 2004 JUDGMENT: 1. This Criminal Appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.), is preferred by the appellant/A.1, challenging the judgment dated 23.06.2003 in Sessions Case No. 795 of 2002 on the file of the III Additional Assistant Sessions Judge (Fast Track Court), Ranga Reddy district, whereunder and whereby the appellant/A.1 was found guilty of the offence punishable under Section 304B I.P.C., and accordingly convicted and sentenced to undergo rigorous imprisonment for a period of eight years. 2. The brief facts that are necessary for disposal of this criminal appeal may be stated as follows: Vijaya Lakshmi (hereinafter referred to as ‘the deceased’) is the daughter of P.Ws. 1 and 2. Marriage of A.1 with the deceased was performed 2 years prior to the death of deceased. At the time of marriage, an amount of Rs.25,000/- was paid, out of agreed amount of Rs.36,000/-, besides gold and silver ornaments. P.W.2 promised to pay the balance amount of Rs.11,000/- after some time. For about two months, they lived happily. As the balance amount of Rs.11,000/- was not paid, A.1 was harassing the deceased to bring the balance. The matter was placed before the elders and the elders chastised A.1, and convinced that the amount would be paid within one month. Then, A.1 took his wife to Hyderabad and was staying at Mallapur. The deceased died on 7.6.2001. P.Ws. 1 and 2 came to know about the death of the deceased and went to house of A.1 and found her deadbody. Then, P.W.1 lodged the complaint. P.W.11 took up investigation. During the course of investigation, he observed the scene of occurrence and prepared rough sketch. He got the scene of occurrence photographed and thereafter the accused were apprehended. P.W.8 conducted inquest on the dead body of the deceased in the presence of P.W.7 and others under Ex.P2-inquest report. They opined that the deceased died as a result of injuries. Thereafter the dead body was subjected to postmortem examination. After completion of investigation, police laid charge sheet against A.1 to A.3. 3. The trial Court framed the following charge against the accused. “That you namely, A.1 to A.3, on or about 07.06.2001 at the house of Lakshmamma, w/o. Venkataiah, Mallapura caused the death of Vijayalaxmi, d/o. Gandeti Sathaiah, aged 19, whose marriage was solemnized with A.1 and that A.1 to A.3 subjected her to cruelty and harassment by all of you in connection with demanding of the balance of Rs.11,000/- towards dowry and that you thereby all of you committed an offence punishable U/s. 304-B IPC and within the cognizance of this court.” When the charge was read over and explained to the accused in telugu, they pleaded not guilty and claimed to be tried. 4. To substantiate its case, the prosecution examined P.Ws. 1 to 13 were examined and got marked Exs.P1 to P14. 5. After completion of the prosecution side evidence, the accused were examined under Section 313 Cr.P.C. to explain the incriminating circumstances appearing against them in the evidence of the prosecution. They denied the same. No oral or documentary evidence was adduced on behalf of the accused. 6. The trial Court, after appreciation of the evidence on record, came to the conclusion that the death of the deceased was unnatural and soon before her death, she was subjected cruelty by A.1 and accordingly found the appellant/A.1 guilty of the offence punishable under Section 304B I.P.C., convicted and sentenced him as stated above, while acquitting A.2 and A.3. Challenging the same, the present appeal is preferred by appellant/A.1. 7. Now, the point for determination is whether the prosecution established its case against the appellant/A.1 of the offence punishable under Section 304B I.P.C. beyond reasonable doubt and whether the judgment of the trial court is correct, legal and proper ? 8. The learned counsel appearing for the appellant contended that there is no evidence to show that the death of the deceased is unnatural; that, the trial court, having given the benefit of doubt to A.2 and A.3, the same benefit should also have been extended to appellant/A.1 also; that the evidence of P.Ws. 3 to 7 does not inspire confidence. Hence, he prays to set aside the conviction and sentence recorded against the appellant. 9. On the other hand, the learned counsel representing the Public Prosecutor contended that, the evidence of Doctor would go to show that the death may be unnatural; that the evidence of P.Ws.1, 2, 4 and 5 clearly shows that the deceased was subjected to cruelty for or in connection with demand of dowry by A.1 and therefore he may be convicted for the offence punishable under Section 498A I.P.C. 10. The charge levelled against the appellant/A.1 is for the offence punishable under Section 304B I.P.C. The necessary ingredients to constitute an offence punishable under Section 304B I.P.C. are as follows: i) death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances; ii) such death must have been taken place within 7 years after her marriage; iii) it must be shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband; iv) that such harassment or cruelty is for, or in connection with, demand of dowry. 11. The first ingredient that has to be established by the prosecution is that the death of the deceased is caused otherwise than under normal circumstances. There is no dispute that marriage of A.1 with the deceased was performed within 7 years prior to her death. P.W.8- Mandal Revenue Officer conducted inquest over the dead body of the deceased in the presence of P.W.7 and others under Ex.P2-inquest report, and the inquest mediators opined that the deceased died due to the injuries sustained by her. But, P.W.10-Doctor, who conducted Necropsy on the dead body of the deceased, did not find any external injuries. The report of the Forensic Science Laboratory (F.S.L.) did not reveal any poisonous substance in the viscera. Therefore, in the absence of any external injuries, negative F.S.L. report and advanced state of decomposition of the dead body, the Doctor could not give any opinion as to the cause of death of the deceased. He could not say that the death of the deceased may be natural. He did not find any external or internal injuries over the dead body at the time of conducting postmortem examination. 12. Admittedly, there is no direct or circumstantial evidence to show that the appellant/A.1 beat the deceased prior to her death. There is absolutely no evidence to show that the death of the deceased is unnatural because the Doctor, who conducted postmortem examination, did not give any opinion as to the cause of death of the deceased. The observation of the trial court that the death of the deceased was not natural and that the prosecution need not prove how the deceased died, is devoid of merit and is untenable. Without there being any material, the trial Court came to wrong conclusion that the prosecution need not prove as to how the deceased died. The possibility of natural death, in view of the fact that there were no external or internal injuries on the dead body of the deceased, cannot also be ruled out. It is settled law that, when two views are reasonably possible with regard to the death of the deceased, the view in favour of the accused has to be adopted. In view of the foregoing discussion, the first ingredient that the death of the deceased is otherwise than under normal circumstances, has not been established beyond reasonable doubt. So, the question of going further as to whether the deceased was subjected to cruelty for, or in connection with, demand of dowry soon before her death, or not, is a futile exercise. Hence, the prosecution failed to establish the guilt of the appellant/A.1 of the offence punishable under Section 304B I.P.C. beyond reasonable doubt, and the conviction and sentenced recorded by the trial Court of the offence punishable under Section 304B I.P.C. are liable to be set aside. 13. However, there is evidence on record, which would go to show that A.1 was harassing the deceased to bring balance dowry amount of Rs.11,000/-. There cannot be any dispute that harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security is cruelty, under Section 498A I.P.C. The evidence of P.Ws. 2 and 4 would go to show that A.1 was harassing the deceased to bring balance of dowry of Rs.11,000/-. It is the evidence of P.Ws.1, 2 and 4 that at the time of marriage, an amount of Rs.36,000/- was agreed to be paid towards dowry and accordingly parents of the deceased paid cash of Rs.25,000/- and promised to pay the balance of Rs.11,000/- sometime later. Practically the evidence of P.Ws. 1, 2 and 4 remained unchallenged. There is no other reason to disbelieve their evidence. Though the learned counsel for the appellant contended that P.Ws. 1 and 2 are not affluent persons to pay that amount, there is no other reason to disbelieve their evidence with regard to paying of cash of Rs.25,000/- and other gold and silver ornaments at the time of marriage. 14. The evidence of P.Ws. 1 and 2 would go to show that A.1 harassed the deceased and demanded to bring balance amount and therefore P.W.1 placed the matter before P.W.4 and another, who are elders, and the elders advised him not to harass the deceased and also assured that they would see that the amount would be paid within one or one and half months later. Therefore, demanding balance amount of Rs.11,000/- can be said to be unlawful demand by A.1. The evidence of P.Ws.1, 2, 4 and 5 is consistent with regard to payment of Rs.25,000/- at the time of marriage and promising to pay the balance amount of Rs.11,000/- later. Their evidence is also clear that an amount of Rs.36,000/- was agreed to be given at the time of marriage. Therefore, it is quite natural and probable for A.1 to demand to bring the balance amount of Rs.11,000/- . Otherwise, there was no need for P.W.1 to place the matter before elders. P.Ws. 4 and 5 are totally independent witnesses. Except suggesting that they did not conduct panchayat, nothing has been elicited to discredit their testimony. There is no animus for them to speak false against A.1 stating that they conducted panchayat. Therefore, if the evidence of P.Ws.1, 2, 4 and 5 is to be accepted, certainly, the case against A.1 attracts the offence punishable under Section 498A I.P.C. Considering the fact that the offence punishable under Section 498A I.P.C. is minor offence compared to the charge framed for the offence punishable under Section 304B I.P.C., framing of separate charge does not arise as it does not cause prejudice to the appellant. 15. In the result, the conviction and sentence recorded against the appellant/A.1 in the judgment dated 23.06.2003 in Sessions Case No.795 of 2002 on the file of the III Additional Assistant Sessions Judge, Fast Track Court, Ranga Reddy district, of the offence punishable under Section 304B I.P.C., are set aside. The appellant/A.1 is found guilty of the offence punishable under Section 498A I.P.C., accordingly convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/- (Rupees one thousand only) in default to suffer simple imprisonment for one month. 16. The Criminal Appeal is, accordingly, partly allowed. --------------------- (K.C.Bhanu, J.) 16.12.2009 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 231 OF 2004 Date: 16.12.2009 Between: Edula Jangaiah ….Appellant/A.1 and State of A.P., rep. by the Public Prosecutor, High Court of A.P., Hyderabad …Respondent THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 231 of 2004 16.12.2009