THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL APPEAL NO.1374 OF 2004 ORDER: This appeal at the instance of the State is directed against the acquittal of the accused in S.C.No.598 of 2000 by the Assistant Sessions Judge, Gooty. The accused therein were prosecuted for the offences under Sections 498-A and 306 IPC alleging that the deceased Rachakonda Sesha Prasanna Lakshmi was married to accused No.1 about 10 years prior to the incident while she was studying 3rd year B.V.S.C. course. After completion of the said course, the deceased joined her matrimonial house and she lived happily with accused No.1 for sometime. Thereafter, accused No.1, husband of the deceased, accused No.2, mother-in-law and accused No.3, sister-in-law of the deceased started beating and harassing her. Accused No.1 also instructed the deceased not to allow her parents into the house when they came to see her and also not to talk to them. When once she allowed her parents into the house, accused No.1 beat her by dragging her into the street even without considering that the deceased was pregnant at that time. Whenever parents of the deceased questioned the ill-treatment, he used to abuse them. As they could not tolerate the ill-treatment caused by the accused to the deceased, they brought her to their house. Even after giving delivery to female child, the accused did not visit their house to see the deceased and her child. After the deceased getting employment as Veterinary Doctor, she informed the same to accused No.1, but he stated that he is no way concerned with her and her child, on that the deceased joined in the job and living separately. When her daughter suffering with high fever, she sent telegram to accused No.1 to come and see her, but accused No.1 refused to receive the telegram, as such the deceased suffered mental agony due to the acts of the accused. On 03.07.1999 at about 7.00 P.M. when her daughter constantly asking and weeping for her father, she could not satisfy her child’s demand and recollecting the harassment and torture caused by the accused, the deceased decided to put an end to her life, poured kerosene on herself and set fire. On hearing the cries, the owner of the house and other tenants in the said house shifted the deceased to Government Hospital, Kurnool for treatment. Subsequently, she was shifted to private hospital for better treatment, where she succumbed to injuries on 08.07.1999 at 6.00 A.M. The learned Assistant Sessions Judge has framed the charges under Sections 498-A and 306 IPC against all the accused and they pleaded not guilty for the said charges. In order to establish the said charges, the prosecution examined P.Ws.1 to 13 and got marked Exs.P.1 to P.24 and M.Os.1 and 2. No oral evidence was adduced on behalf of the accused, but Exs.D.1 to D.3 were marked. The learned Assistant Sessions Judge by taking into consideration of the said oral and documentary evidence found that the prosecution has not proved the charges under Sections 498-A and 306 IPC and thereby acquitted the accused. Aggrieved by the said acquittal, the State has filed the present appeal. Now, the point that arises for consideration is: Whether the prosecution could able to establish the offences under Sections 498-A and 306 IPC against the accused beyond reasonable doubt? P O I N T: According to the prosecution, the marriage of the deceased with accused No.1 took place in the year 1989 while she was studying 3rd year B.V.S.C. course. After completion of her course, she joined her matrimonial house and they lived happily for sometime. Thereafter, accused Nos. 1 to 3 started harassing her and beating her. Accused No.1 also instructed the deceased not to allow her parents into the house when they came to see her. When once she allowed her parents into the house, accused No.1 kicked her by dragging her into the street even without considering that the deceased was pregnant at that time. Accused No.1 also abused her parents in filthy language whenever they questioned about the ill- treatment. Accused No.1 did not come to see the deceased when she gave birth to a female child. Accused No.1 did not come to her house when she gave telegram about her daughter suffering with high fever and he did not accompany the deceased when she joined in Government Service as Veterinary Doctor. As her daughter constantly asking about her father, the deceased could not digest the same and also recollected the previous harassment and torture caused by the accused, committed suicide by setting fire to herself. In order to establish the charge under Section 498-A IPC, the prosecution has to establish that the accused have subjected the deceased to cruelty. As per the explanation to Section 498-A IPC, the cruelty means: (a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) 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 or is on account of failure by her or any person related to her to meet such demand. Now, it has to be examined whether the alleged acts of the accused would amounts to cruelty as per the above said explanation to Section 498-A IPC. In the present case, there is no dispute about the deceased died due to burn injuries. The material available on record to establish the cruelty on the part of the accused is the evidence of P.W.4, father of the deceased, P.W.5, mother of the deceased, P.W.10 the then Judicial First Class Magistrate, who has recorded the dying declaration Ex.P.20, P.W.11, Sub-Inspector of Police, who has recorded the statement of the deceased Ex.P.21. According to P.W.4, father of the deceased, he performed the marriage of the deceased with accused No.1 in the year 1989. At that time, the deceased was studying B.V.S.C. in Tirupathi and accused No.1 was practicing as an advocate at Dhone. The deceased was staying in hostel in Tirupathi and used to visit the house of the accused during holidays. They lived happily for about 6 months after their marriage. Thereafter, accused No.1 started harassing her for dowry as the accused did not demand dowry at the time of marriage. In the year 1991 accused No.1 sent a legal notice to the deceased asking her to give divorce. His deceased daughter gave reply notice and thereafter she gave a complaint to the police. On the intervention of elders, the said case was compromised and the deceased joined the matrimonial home of accused No.1, at that time they presented household articles and 10 tulas of gold to accused No.1. Again accused started harassing the deceased for getting more dowry. Accused No.1 used to beat his deceased daughter whenever he has gone to the house of accused for convincing accused No.1. Accused No.1 used to abuse him and his wife. In the year 1994, the deceased completed her education and living with accused No.1. In the year 1995, the deceased gave birth to female child. During the pregnancy of the deceased, accused No.1 used to beat her on her stomach as he did not like to giving birth to female child as it was known to him through scanning. The deceased was appointed as Veterinary medial officer at Maddikera in the year 1996 and requested accused No.1 to accompany her, but he stated that he is no way concerned with her and her child and asked her to go and die elsewhere and he would get another marriage to get more dowry. In the year 1996 to 1998 his daughter residing with him at Guntakal and she was attending her duties at Maddikera. When the child of deceased fell sick, she sent a telegram to accused No.1 to attend the child but accused No.1 refused to receive the telegram. Subsequently, himself and deceased went to the house of accused No.1, but accused No.1 did not allow them into the house and abused them. The accused harassed the deceased physically and mentally, as a result of which, the deceased vexed with her life and committed suicide by pouring kerosene on her body and set fire to her. The said incident was taken place on 03.07.1999 at 6.30 P.M. P.W.5, mother of the deceased also supported the version of P.W.4 with regard to alleged acts of the accused in demanding for dowry and also not looking after her and her child. P.W.10, Junior Civil Judge, Palakollu, who worked as Judicial First Class Magistrate, Kurnool from May, 1998 to May, 2001, has recorded the dying declaration of the deceased on 04.07.1999 at 2.15 P.M. and Ex.P.20 is the dying declaration. P.W.11, Sub-Inspector of Police, who worked as Head Constable, Kurnool III Town Police Station from January, 1998 to July, 2000, has visited General Hospital, Kurnool on 04.07.1999 at 16.45 hours and recorded the statement of the deceased Ex.P.21 and on the point of jurisdiction, he sent Ex.P.21 along with Ex.P.12 memo to the S.H.O, Guntakal I Town Police Station. P.W.13 Sub-Inspector of Police, Guntakal on receipt of Ex.P.21 registered the case in Crime No.56 of 1999 under Section 498-A IPC and issued the F.I.R. Ex.P.22. In Ex.P.21, statement recorded by the Head Constable in Government Hospital, the deceased did not speak anything about the demand made by the accused for additional dowry. But she only stated that the accused used to harass her and beat her and not allowed her parents to come into the house and accused No.1 used to abuse her parents and when she got employment, he did not accompany her to join in job at Maddikera as Veterinary Medical Officer and he refused to receive the telegram sent by her when her daughter was suffering with high fever and when her daughter was weeping for her father, she recollected the previous harassment caused by the accused and as she could not tolerate the same poured kerosene on herself and set fire and sustained burn injuries. Ex.P.20 is the dying declaration recorded by P.W.10 and the said dying declaration was recorded prior to recording of Ex.P.21 by the Head Constable. Even in the said dying declaration, she did not allege anything against the accused with regard to demand for additional dowry. But she has only stated that since 3 years her husband is not coming to her and he did not allow her parents to come to their house and used to quarrel with her with regard to sarees and gold stating that all of them were purchased by him. When she was pregnant, he used to beat her severely and when she lodged a complaint, the same was withdrawn at the instance of the elders. After giving birth to her child Ramya, she has gone to the accused No.1 and wanted to live with him, but he did not allow her to stay in the house and when she got employment at Maddikera as Veterinary medical officer, he stated that he is no way concerned with her and used to harass her that she is a Gazetted officer. Accused No.1 refused to receive the telegram sent by her when her daughter was suffering with high fever. When her daughter was weeping for her father, she got frustrated on her life and poured kerosene on her and set fire to herself. There is no allegation of harassment in connection with demand for additional dowry by the accused in Ex.P.20 and Ex.P.21, but whereas P.Ws.4 and 5 have stated about the harassment caused by the accused to the deceased in connection with demand for additional dowry. P.Ws.4 and 5 in their cross-examination admitted that they did not state the said facts to the police when they were examined by police and also they did not state before the police about the accused beating the deceased when she was pregnant and about accused No.1 abusing them whenever they visit the house of the accused. Thus, the above evidence does not disclose the harassment caused by the accused to the deceased to meet any unlawful demand for any property or valuable security. Moreover, the above evidence does not disclose the involvement of accused Nos.2 and 3, who are mother-in-law and sister-in-law of the deceased in the commission of the alleged offence. The Additional Public Prosecutor has pleaded that the conduct of the accused towards the deceased in drove her to commit suicide would amounts to cruelty and thereby the accused are liable for punishment under Sections 498-A and 306 IPC. As per Exs.P.20 and P.21 and the evidence of P.Ws.4 and 5, the allegations made against accused No.1 are that after completion of B.V.S.C. course by the deceased, she joined the company of accused No.1 and at that time, accused No.1 used to beat the deceased and did not allow her parents to enter into their house and when once the deceased allowed her parents into the house, accused No.1 dragged her into the street and beat her severely. When she gave birth to female child in the year 1995, the accused did not like giving birth to female child, used to harass her and accused No.1 did not accompany her when she joined in the Government employment as Veterinary medical officer at Maddikera and he has stated that he was no way concerned with her and her daughter. The deceased in her dying declaration Ex.P.20 has stated that since 3 years prior to recording the said dying declaration her husband was not coming to her. Admittedly, she is living separately from accused No.1 in the house of P.W.1 at Guntakal at the time of her committing suicide. P.W.4 also stated in his chief-examination that from 1996 to 1998 his daughter was residing with him at Guntakal and attending her duties at Maddikera. Therefore, the above alleged acts of the accused No.1 are prior to 1996, and the deceased committed suicide on 03.07.1999 i.e. after 3 years of her living separately from accused No.1. Therefore, it cannot be said that the above conduct of the accused prior to 3 years of her committing suicide led the deceased to commit suicide and it cannot be said that the alleged harassment or ill-treatment by accused No.1 is the proximate cause to drive the deceased to commit suicide. Therefore, the above acts of accused No.1 prior to 1996 cannot be termed as willful conduct on his part, which is likely to drive the deceased to commit suicide. Moreover, the above acts of the accused cannot be said to have been instigated the deceased to commit suicide. Therefore, the prosecution could not able to establish the charges under Sections 498-A and 306 IPC against the accused beyond reasonable doubt. Thus, the lower Court has rightly acquitted all the accused for the above said charges and the said finding of the lower Court does not warrant any interference by this Court in the appeal. In the result, the criminal appeal is dismissed. _______________________ P.DURGA PRASAD, J 30th September, 2011 Ksp