IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE TWENTYEIGHTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO. 945 OF 2004 CRIMINAL REVISION CASE No. 1059 OF 2004 AND CRIMINAL APPEAL No. 1613 OF 2005 Between: Crl.A.No. 945 of 2004 Ganta Narayana … Appellant (A-1) V/s. The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad. … Respondent Counsel for the Appellant : Sri C. Nageswara Rao Counselfor the Respondent : The Addl.Public Prosecutor Crl.RC.No.1059 of 2004 Between: Sri Sayana Dasaradhi … Petitioner (PW-1) V/s. Ganta Chinavenkatanarayana Rao & 2-Ors. … Respondents Counsel for the Petitioner : Sri C.S.Venkatesh Counsel for the Respondents : Addl.Publlic Prosecutor CRL.A.No. 1613 of 2005 Between: The State of Andhra Pradesh Represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad. … Appellant V/s. Ganta Chinnavenkatanarayana & Anr. … Respondents Counsel for the appellant : Addl.Public Prosecutor Counsel for the Respondents : Sri C.Praveen Kumar The Court made the following Common Judgment: (common judgment follows 3rd page) THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL NO. 945 OF 2004 CRIMINAL REVISION CASE No. 1059 OF 2004 AND CRIMINAL APPEAL No. 1613 OF 2005 COMMON JUDGMENT : 1. Crl.A.No. 945 of 2004 has been filed by A-1 against the conviction and sentence recorded by the learned II- Additional District and Sessions Judge, West Godavari at Eluru, in SC.No. 291 of 2002 dated 22-4-2004, whereby and whereunder the appellant-A1 was convicted under section 235 (2) Cr.P.C. and sentenced to undergo Rigorous Imprisonment for a period of seven years and acquitted A-2 and A- 3 under section 235 (1) Cr.P.C. for the said offence. 2. Crl.RC.No. 1059 of 2004 has been filed by PW-1 against the order of acquittal recorded by the learned II-Additional District and Sessions Judge, West Godavari at Eluru, in SC.No. 291 of 2002 dated 22-4-2004, whereby and whereunder A-2 and A-3 were acquitted under section 235 (1) Cr.P.C. for the offence under section 304-B of IPC. 3. Crl.A.No. 1613 of 2004 has been filed by the State against the order of acquittal recorded by the learned II-Additional District and Sessions Judge, West Godavari at Eluru, in SC.No. 291 of 2002 dated 22-4-2004, whereby and whereunder A-2 and A-3 were acquitted under section 235 (1) Cr.P.C. for the offence under section 304-B of IPC. It is reported that A-2 already died. Hence, the charge against A-2 is abated. 4. The facts of the case are as under: PW-1 is the father. PW-2 is the mother of the deceased. PW-3 is the neighbour of PW-1. PW-4 is cousin of PW-1 and PW-9 is the relative of PW- 1. The deceased is the daughter of one S.Dasaradhi, who is working as Sub-Inspector of Police and S.Ramadesh and she was given in marriage to A-1 and the marriage was performed on 11-3-1998 at Paddy and Rice Millers Association Hall, Bhimavaram. At the time of marriage Rs.5 lakhs cash, Acs:2-00 of wet land and 30 sovereigns of gold towards paspukumkuma and stridhana. After the marriage, the deceased joined her matrimonial home. Subsequently after the marriage, PW-1 invited for Dasara festival but A-1 and deceased did not came, after that PW-1 invited them for Atlatadi. A-1 did not come, deceased alone came and when PW-1 questioned her, she informed that A-2 and A-3 asked her to sell away the land and to bring the cash. On that the deceased replied them Rs.5 lakhs was given as such her inlaws did not sent her for Dassera. She further informed that A-1 and A-3 beat her. PW-1 consoled her and sent her back to her in-laws house. In the month of December, the deceased wrote a letter Ex.P1 stating that accused harassed while taking bath at 5 O” clock, she has to wear the clothes and eat good which had been provided by them. On that PW-1 sent a relative by name Pandu to visit the deceased now and then. The said Pandu informed that he was not permitted to talk with deceased and further insulted by the accused. When the deceased A-1 visited PW-1 for sankranthi festival, she informed that she was still harassed and A-1 refused to take the customary gift given on sankaranti instead A-1 demanded Hero Honda motor cycle and sell the land and to bring the amount.PW-1 expressed his inability. A-1 got angry and left the house PW-1 along with the deceased. Again in the month of February, the deceased wrote a letter Ex.P2 to PW-1 stating that the accused is harassing for Hero Honda motorcycle. Then PW-1 instructed his relative PW-9 to lookafter the welfare of the deceased. At that time the deceased was pregnant. PW-9 had informed to PW-1 through phone that accused are harassing the deceased and advised to take the deceased to PW-1’s house. In the month of May 1999, PW-2 went along with relatives to bring the deceased. The deceased gave birth to female child on 10-8-1999. The accused did not attend the function of cradle ceremony. A-2 made a call to PW-1 asking to send deceased to their house. After completion of third month, PW-1 sent the deceased to the matrimonial home. In the month of September 2001 the deceased wrote a letter Ex.P3 to PW-1 stating that A-2 and A-3 had quarreled with the deceased for the purpose of land. On 10-12-2001, A-1 called PW-1 through phone and stated that there is no cordial relationship between A-1 and deceased and asked PW-1 to bring PW-10 to settle the matter as A-1 wanted to give divorce to the deceased. Then PW-1 sent PW- 4 to settle the matter and to appease A-1. But A-1 refused to meet PW-4. PW-1 called PW-2 and told PW-2 that A-1 was proposing to give divorce to the deceased, at that time, the deceased was in parents house. On 20-12- 2001 at about 09:00 p.m., the father of the deceased had a conversation with her wife over phone and told her that Prasanna kumar the husband of Savitri, the sister of A1 requested Dasaradhi to attend the meeting convened on 23-12-2001 to settle the issue of Lakshmi prasanna with A-1 and there is intention on the part of A-1 to give divorce and that he will come to Bhimavaram and by giving something or selling the land the family life of Prasanna can be settled as Prasanna Kumar preferred for divorce and the conversation between her parents was heard by the deceased through a parallel phone and came to a conclusion that her husband is about to give divorce to her as instigated by other accused, decided to commit suicide and prepared two letters, one is addressed to her husband and another is addressed to her parents and committed suicide by hanging in then kitchen room of the house of her parents and on 20-12-2001 at about 12 mid night, the mother of deceased woke up when her grand daughter was weeping and when searched for her daughter, she was found the deceased hanging to the bars of the window in the kitchen room and she in turn intimated the same to the neighbours who brought the body of deceased into the hall, laid her on the ground and summoned a private doctor and got examined her, who declared her died and later Dasaradhi came there and reported the matter to the police. Hence the charge. 5. The learned II-Additional Judicial Magistrate of First Class, Bhimavaram after appearance of accused and after complying the formalities as contemplated under section 207 Cr.P.C. in his order dated 04- 9-2002 in PRC.No. 27 of 2002 had committed the case to the Court of Session, under section 209 (a) Cr.P.C., as the offence under section 304-B IPC is exclusively triable by the Court of Session. Thereafter notified the fact of committal to the Public Prosecutor under section 209 (d) Cr.P.C. On receipt of records in PRC.No.27 of 2002, the learned Sessions Judge, Wet Godavari at Eluru took the case on file as SC.No.291 of 2002 and made the same to the Court of II-Additional Sessions Judge, West Godavari at Eluru for disposal according to law. 6. On appearance of the accused and after hearing the learned Addl.Public Prosecutor and the defence counsel, the accused were examined alleging the substance of accusation. All the accused denied the same. Charge under section 304-B of IPC was framed against all the accused, read over and explained to them in Telugu, for which they pleaded not guilty and claimed to be tried. 7. In order to prove the guilt of the accused, the prosecution examined in all sixteen witnesses; PWs 1 to 16 and marked Exs.P1 to P21 besides MOs. 1 to 5 . On behalf of the accused, no oral and documentary evidence was adduced. 8. After closure of the prosecution evidence, the accused were examined under section 313 Cr.P.C. for the incriminating evidence appearing against them. All the accused denied the same and reported no defence. 9. After hearing the arguments of both sides and on appreciation of the oral and documentary evidence adduced, the learned II-Additional Sessions Judge found A-1 guilty for the offence under section 304-B of IPC and convicted him under section 235 (2) Cr.P.C. and sentenced to undergo Rigorous Imprisonment for seven years and acquitted A-2 and A-3 under section 235 (1) Cr.P.C. for the said offence. Aggrieved by the same, Crl.A.No. 945 of 2004 has been filed by A-1, Crl.RC.No. 1059 of 2004 has been filed by PW-1 and Crl.A.No.1613 of 2005 has been filed by the State. 10. As common questions of fact and law are involved in these criminal appeals and criminal revision case, they are clubbed, heard together and are being disposed of by this common judgment. 11. Heard Sri C.Padmanabha Reddy, the learned Senior Counsel for the appellants-A1, A2 and A-3, Sri C.Nageswara Rao, the learned Public Prosecutor representing the State. 12. PW-1 who is the father of the deceased and PW-2 is the mother of the deceased. PW-1 deposed with regard to the marriage and also the subsequent events after the marriage. The appellant-A1 (husband) demanded the deceased to sell away the land which was given as “stridhana” and also demanded Herohonda motor cycle. In the same line, PW-2 also deposed before the trial court. PW-9 who arranged for the marriage also deposed regarding the marriage and subsequent events informed by PW-1. Apart from the other evidence, Exs.P1 to P5 marked by prosecution are the letters addressed by deceased. Ex.P1 dated 14-12-1998 is the letter addressed by the deceased to PW-1. Ex.P2 dated 04-02-1999 is the letter addressed by the deceased to PW-1, Ex.P3 dated 13-09-2001 is the letter addressed by the deceased to PW-1. Ex.P4 is the suicide note/letter addressed by the deceased to A-1. Ex.P5 is the suicide note/letter addressed by the deceased to PW-1. After evaluating the said evidence and also the exhibits marked by the prosecution, the learned II-Additional Sessions convicted A-1 as stated hereinabove. 13. The point for consideration before this Court is: whether the evidence adduced by the prosecution more particularly in the light of Exs.P1 to P5, the offence under section 304-B of IPC attracts to convict the appellants- accused in these cases. 14. The learned Senior Counsel, Sri C.Padmanabha Reddy appearing on behalf of the appellants submitted that a reading of the evidence and also Exs.P1 to P5 does not disclose any offence under section 304-B of IPC more particularly the said letters and the suicide note informs the so-called harassment in the hands of the appellants; viz., husband, mother-in-law and father-in-law in connection with domestic quarrels and further submitted that even assuming that the deceased was asking to sell away the land to bring money will not amount to harassment in connection with dowry. 15. Sri C.Nageswara Rao, the learned Public Prosecutor preferred the criminal appeal against the acquittal of A-2 and A-3 vehemently contended that the evidence of PWs 1 and 2 and also the evidence of PW-9 coupled with the contents of Exs.P1 to P5 clearly attracts the offence punishable under section 304-B of IPC and the conviction imposed by the trial court on A-1 is sustainable and the acquittal of A-2 and A-3 should be reversed and they should also be convicted for the offence under section 304-B of IPC. 16. For better appreciation of the evidence placed before this court, it is necessary to extract section 304-B of IPC. Section 304-B of IPC : Dowry Death : (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death” and such husband or relative shall be deemed to have caused her death. Explanation : For the purpose of this sub-section “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. 17. The said section clearly states that even the death is proved by the prosecution, it is the duty of the court in the absence of any direct evidence adduced by the prosecution to invoke the presumption under section 113-B of the Evidence Act. This Court has to decide that whether such harassment in connection with demand of dowry besides the said fact, this court intended to reproduce Exs.P-1 to P5 which are necessary to decide the issue; more particularly Exs.P1 to P3 letters written by the deceased between 1998 and 2001 September. Exs.P4 and P5 were written by the deceased on the date of her committing suicide. Exs.P1 to P5 reads as hereunder : Ex.P-1 : English translation of Ex.P1 inland letter addressed by the deceased to PW-1 in SC.No. 291 of 2002 on the file of the Court of II-Additional Sessions Judge, West Godavari at Eluru. Om sree sairam Vizag 14-12-1998 To The Respected Father & Mother, Your Ammulu is writing with namaskarams. I think you are safe. I am not happy here as you are expected. They played drama like that when you came. If say truth, I am facing trouble here. I will wake up at 5 a.m. take bath and give coffee to my mother-in-law, if not, abuses came. If she says anything, he supports the same. I am only the magic doll in their hands. From eating food to bathing soap is depending on their will and pleasure. It is mistake to take bath on the afternoon. Especially they served food, which is dislike to me and forced to take me, if not so take they used to abuse and beat. Our Adapaduchulu along with their husbands are used to command me. They do all things on the advices of brother Prasanna kumar (SI) and sister-in-law Savirtri. Even my wearing saree is to be selected by my mother-in-law. It is not known what they did the cash of Rs.5 lakhs which is given by you. When I asked, they replied that it is not necessary to say you. If again ask, it is afraid of tobeat. I am so much afraid. I am living with afraid of my life. If I write letters to you, they used to read, so letters are not writing. I gave this letter secretly to brother Pandu and got it posted. They asked me not to reveal all these things done by her to you, if not severe consequences will be faced by me. On hearing the words of their mother, he used to angry with me daily. There are more things. I am closing it as my mother-in-law has to be observed. Dady, do not feel anxiety about these things by spoiling your health, you inform the sister and others as I asked them. Do not reveal all these things to others. No more to write. Ex.P2 : English translation of Ex.P2 Inland letter addressed by the deceased to PW-1 in SC.No. 291 of 2002 on the file of the Court of II-Additional Sessions Judge, West Godavari at Eluru. Vizag 4-2-1999 Respected father and mother, Your Ammulu is writing with Namaskarams. I think that you are safe. As Honda is not given for sankranthi, they used to abuse me. Not allowing to talk with neighbours. When Pandu brother came, I was not allowed to talk to him. They are abusing me that I have sight. My mother-in- law is saying with my husband that “your wife is having squint eye, sight and less complexion and other defects” for which when I am weeping, they questioned as to why weeping in the house, as if beat you and we are facing troubles. Their behaviour is not changed in respect of food. They are not allowing me to eat of my liking items. I have to eat what she serve, if not my husband used to abuse by removing teeth. They are laughing whenever you phoned, by saying that telephoning frequently with afraid to do anything against the daughter. Whenever I go outside, I have to wear the saree given by her only. They are not allowing me to wear the saree like me. They used to say that even bathing is not to take little delay, just go and early come. Recently all are stopped to talk with me. I feel very much afraid. If they noticed the writing of letter to you, they could not alive me. Really I am in fear. Please say that I am asking younger sister and others. No more to write. By Your Ammulu. Ex.P3: English translation of Ex.P3 Inland letter addressed by the deceased to PW-1 in SC.No. 291 of 2002 on the file of the Court of II-Additional Sessions Judge, West Godavari at Eluru. Visakhapatnam, 13-09-2001 Father and mother, Ammuu is writing with Namaskarams. I think that you are safe. Previously my father-in-law and others came and went away. They raised dispute again regarding land. The dowry given by you is not sufficient to them towards marriage expenses. A mere Rs.5 lakhs is giving to jawans. They say that this match took place due to our fate. My mother-in-law used to say with neighbours that “our daughter-in-law do not looking after properly”, eventhough I am looking after them well. We got down in Rajahmundry coming from Tirupati. His brother-in-law also used to abuse me indirectly. They say that really you did not swallow the tablets for death and your’s is a drama. Recently he do not talk to me properly. I f we are in one room, he is in another room. I do not know what can I do. I am in fear. Please you come once and convince my husband. I think that Chinni is studying well. No more to write. By Ammulu. Ex.P4: English translation of Ex.P4 letter addressed by the deceased to her husband in SC.No. 291 of 2002 on the file of the Court of II-Additional Sessions Judge, West Godavari at Eluru. Respected Husband, Prasanna is writing. I could not understand, as to why you are playing withmy life. You do not think about the future of wife and child. Though you stated that you have to go to camp and drop me here by saying leaving me, with most cunning nature. I think that the husband, who is counting the sarees whenever the wife goes to parents house and who is attributing theft to the parents-in-law is not necessary to me. What you are giving divorce to me? no lady can lead the marital life with such husband. How much trouble is given to your parents? They are stating that due to our fate we did this marriage. The defects attributed against me till nowby you are sufficient. If our sisters came and stay for four days, she stated that those are tobe linked to my son. When the wife came to parents house for delivery, you could not purchase even a fruit, and if you wants parently only, as to why you got married me and harassed me like this. It is sufficient you got abused me “LANJA MUNDA” by your mother. As to why, I bear the torture by you and your sisters with a belief that you have to change at any time. I understood that you will not change. I understood that your cruel mind. You stated that you do not die and your’s is acting, so really I am going to die now. As I was given to you, “Kadppukota” was remained to our parents. I cannot understand that as to why you are getting phones to all through your brother- in-law now. Why you are leaving me, if I am not looking after well of your parents. In every family disputes prevailed in between the mother-in-laws and daughter-in- laws and all are leaving their wives like this. You know how many words uttered by them, which is also known to me and to them. They stated that my father procured the edibles and performed the marriage, if they done like it, it shows the affection towards the children. If you have any affection on your child, then you know the same. Sin of marriage you and sin of born to you, we are weeping. I know you are doing all these things on hearing the words of your brother-in-law. But now it is not known to you that either your sister or brother-on-law do not accompany you throughout. If I die, you may know about the value of the wife. Totally my life is spoiled by you. I am dying by your sake. I could not understand to say for deceiving me. As you played with my life like this, on one day you have to suffer. Prasanna Kumar also having three daughters. You are harassing me along with him. He live together with his wife and children throughout. He separate us. It is useless to blame him,as my gold (husband) is not good. My last minutes for death are come. There is no use to say for all these days and no use to me even writing of this letter. It is waste of energy to me. You do not deceive another girl by marriage. You do not give “Kadpukota” to the parents of another girl. By Prasanna, G. Ex.P5: English translation of Ex.P5 letter addressed by the deceased to her mother in SC.No. 291 of 2002 on the file of the Court of II-Additional Sessions Judge, West Godavari at Eluru. Dear mother, Ammulu’s Namaskarams. I did not think that my life ended suddenly. I did not live along with my husband day- by-day. I lead marital life after hearing your words. But later lived without peacefully and on this day and also blames. Hence, this work was done only without beind the head before other persons. Even though they abused as “Javan Munda Kodaka” and also abused me as “Lanjamunda”, I bear these abuses,for the sake of yourself and my daughter. At last, my husband cheated me, even though you think that Prasad is a good man, later we understand that he is a cheater. He blamed that the watch was theft by my mother and now onwards we do not bear these words from my mother-on-law. Be happy, even though I die, as there is no gold. If he wants give my daughter. Don’t give my daughter, as he has no love on her. He attempted to commit murder me and my daughter when I am pregnant. My daughter also cannot live happily. How many lives of women spoiled in his hand, only got knows. I do not understand that Prasannakumar