HON’BLE SRI JUSTICE V. ESWARAIAH AND HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY Crl.A. No. 725 of 2007 DATED: 01.08.2011 Between: The Public Prosecutor .. Appellant And K. Damodhara Rao K.Seetharama Chandrarao K. Lakshmikantham .. Respondents JUDGMENT:- (Per Hon’ble Sri Justice G. Krishna Mohan Reddy) The State has filed this appeal against judgment dated 10.11.2003 delivered in S.C. No. 300 of 2001 on the file of the Court of II Additional Sessions Judge, Eluru, West Godavari District, whereby A1 to A3 were found not guilty of offence punishable under Section 498-A IPC and A1 was also found not guilty of offence punishable under Section 302 IPC and accordingly they were acquitted. The appellant herein is the State and the respondents herein are the accused (A1 to A3) in the Sessions Case. We refer the parties as arrayed in the Sessions Case. The brief facts of the case are that A1 is the son of A2 and A3. A1 married the deceased namely Katika Hemalatha, the daughter of PW1 (hereinafter referred to as “the deceased”) on 12.10.1997 at Ganapathi Varthaka Sangha Kalyana Mandapam of Pulla village. At the time of marriage, her parents gave the accused Ac.0.66¼ cents of wet land besides giving 10 sovereigns of gold, Rs.10,000/- towards pasupu kumkuma and Rs.10,000/- towards Adapaduchu Katnam. After the marriage, they lived happily for one year. Later, A1, having been addicted to all vices such as drinking wines, gambling, etc., harassed his wife for more money whenever he was in need and then and then he used to get money from his in-laws. He sold away some of the gold ornaments of his wife and pledged one gold chain for Rs.3000/- at Rajahmundry. Later, A1 went there along with the deceased to get some more loan on the same gold chain, which was refused. Then, A1 beat the deceased in the presence of her maternal uncle and maternal grandmother. When that information was given to the mother of the deceased, the latter went to Bayyanagudem, and picked up quarrel with A1 for having pledged the gold besides beating her daughter and thereby insulting her before the relatives, for which A1 apologized. Further, on 09.03.2000, A1 beat on her cheeks with his right hand by holding her neck with his left hand while she was lying on a tape cot and caused injuries on her temporal lobes which caused her instantaneous death. Further, on receiving necessary information, the mother and other relatives of the deceased went to Bayyanagudem. Further, PW7, the Village Administrative Officer of that village, made enquiries with the mother of the deceased, based upon which, he prepared a report - Ex.P8 and presented it in the police station at Jangareddigudem which was registered in Cr.No.17 of 2000 under Section 304-B IPC whereas Ex.P17 is the F.I.R. Further, PW12 - Head Constable, took up and conducted the investigation of the case. Further, after the investigation of the case, Inspector of Police - PW13 filed charge sheet for the offences punishable under Sections 302, 201 and 498-A IPC against the accused. After observing necessary formalities, charge under Section 498-A IPC was framed against all the accused and charge under Section 302 IPC was framed against A1 and read over and explained to them, for which they pleaded not guilty and claimed to be tried. On behalf of the prosecution, the mother of the deceased was examined as PW1 and junior paternal uncle and cousin of the deceased were examined as PWs.2 and 3 with regards to the harassment of the deceased for bringing additional dowry and PWs.4 to 6 were examined as circumstantial witnesses about the main incident, but they did not support the prosecution case, by reason of which, the prosecution declared them as hostile witnesses and PW7, the then Village Administrative Officer of Kannapuram, was examined about giving the report to the police station. PW8 is the Deputy Civil Surgeon who conducted post mortem examination over the dead body of the deceased. PW9 is the photographer who took photos of the scene of offence. PW10 was the retired Mandal Executive Officer, who received requisition from the police to conduct inquest over the dead body of the deceased. PW12 is the Head Constable who registered the case. PW13, after conducting the investigation of the case, filed charge sheet. Further, the prosecution got marked Exs.P1 to P18 and M.Os. 1 to 13. On behalf of the accused, no witnesses were examined, but got marked Exs.D1 to D6. After the closure of the prosecution evidence, the accused were examined under Section 313 Cr.PC. and they denied incriminating circumstances found in the prosecution evidence. Based on the material available on record, it is held by the trial Court that even though the evidence of PWs.1 to 3 speaks about the harassment of the deceased by A1 to A3 for bringing additional dowry, Ex.D1 to D3 and D6, letters written by the brother of the deceased to A2 and others disclose that the deceased ever complained to her parents or anybody about the harassment, and hence, the evidence of PWs.1 to 3 to that effect is not acceptable and thereby charge under Section 498-A IPC would not stand. It is further held by the trial Court that no evidence is adduced with regards to the murder of the deceased in her matrimonial house and thereby the offence under Section 302 IPC is also not proved. Heard the learned Public Prosecutor appearing for the appellant and perused the material placed on record. In order to dispose of the appeal, the following points are to be examined and decided: i) Whether the prosecution placed sufficient evidence to establish the charge under Section 498-A IPC? ii) Whether the prosecution placed sufficient evidence to establish the charges under Section 302 IPC? iii) Whether the trial Court examined the matter properly and arrived and correct conclusions? iv) Whether the acquittal recorded against A1 to A3 is maintainable / whether A1 to A3 are liable to be convicted and sentenced for the offences punishable under Sections 498-A and 302 IPC. Point No.(i):- With regards to the question of harassment of the deceased by A1 to A3, in fact, PWs.1 to 3 deposed in accordance with the prosecution version. But Ex.D1, dated 02.03.2000 and Ex.D2 dated 07.03.2000 which are similar letters written by the deceased to A2 and Ex.D6 – bunch of 8 letters written by the brother of the deceased to A2 disclose that there was good or cordial relationship between A2 and the deceased. If there was harassment of her by A1 to A3 for the purpose of bringing additional dowry from her parents, such a cordiality would not have been found in the letters. Further, if such harassment was there, the matter would have been placed before elders for settlement about which there is no evidence for which adverse inference is to be drawn. Further, even though the prosecution evidence is that A1 pledged the gold of the deceased and borrowed loan and also sold away some of her gold ornaments, there is no proof of it to accept that version to be true and correct. Therefore, these circumstances establish that the story put forth by the prosecution with regard to the harassment of the deceased by A1 to A3 for the purpose of bringing additional dowry from her parents is not true or doubtful. Pont No.(ii):- With regards to the charge under Section 302 IPC, there is only the evidence of PWs.4 to 6 to speak about the main occurrence. PW4 deposed that he found flames in the bathroom of A1 to A3 and he then went to the scene of offence and found many persons including A1 to A3 and using sand they put off the fire and at the request of A2, he (PW4) made a phone call to the Village Administrative Officer. PWs.5 and 6 deposed similarly. As they did not support the prosecution version, they were declared as hostile witnesses of the prosecution. Further, the testimony of PW8, C.A.S. is that on 10.03.2000, he conducted postmortem examination along with another doctor namely K.Chiranjeevi over the dead body of the deceased and found smell of kerosene all over her scalp and they also found singing of scalp hair with smoky black in colour and 10” in length, and sand and mud present all over the body and skin all over the body including face peeled off exposing the superficial tissues white in colour. Further, the tongue was protruding out and fixed between upper and lower jaws. Further, her external genital was completely burnt and pelvic bone was exposed. Further, he opined that the death of the deceased occurred around 24 to 36 hours due to cardio respiratory failure and shock due to asphyxia. Further, he deposed that on the nature of the injuries he could say whether they were postmortem or anti-mortem injuries. But in fact, there is no specific finding given by him as to whether they were postmortem or anti-mortem injuries in order to determine whether it is a case of homicidal or suicidal death. Ex.P10 – Inquest report discloses that the Mandal Revenue Officer conducted the inquest over the dead body in the presence of mediators, and on that basis it was opined that it might be a case of suicide. The inquest report is admissible only with regard to the nature of injuries found and cause of death. The opinion given at the time of inquest over the dead body of the deceased was only based upon what injuries could be noticed on the dead body and also statements of the witnesses examined. The evidence of PW8 - Medical Officer, who is a technical person, definitely prevails over the observations made in the inquest report with regards to the nature of injuries and cause of death. In any case the inquest report cannot be based in order to prove or disprove the charge under Section 302 IPC against the accused. Therefore, for the reasons discussed above, the charge under Section 302 IPC is also not established. Point Nos.(iii & iv):- The trial Court properly examined the material available on record and arrived at a correct finding, which therefore, cannot be interfered with. On analyzing the entire material placed before the Court, it clearly appears that even though it is a very serious case of killing the deceased, the investigation of the case was done most haphazardly. It is quite surprising that the Head Constable conducted the investigation of the case and completed it in one day by way of conducting inquest over the dead body of the deceased on the same day of the incident and examining all the witnesses on the next day. It is emphatical that he examined only close relatives of the accused i.e. PWs.4 to 6 who must have interest to safeguard the accused consequently to prove the charge under Section 302 IPC. It is to be shown as to whether he made any genuine efforts in order to secure the witnesses who could speak about what transpired at the relevant point of time or during the relevant period. Certainly, we are of the considered opinion that the case was spoilt only because of non-indulgence of the investigating agency in taking up necessary measures at the appropriate time which is very much deprecated. For the foregoing reasons, this Criminal Appeal deserves to be dismissed. In the result, the appeal is dismissed confirming the acquittal recorded by the trial Court. ________________ V. ESWARAIAH, J 01.08.2011 __________________________ G. KRISHNA MOHAN REDDY, J bcj