THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.866 of 2009 JUDGMENT: The State filed this criminal appeal against the judgment dated 01.02.2008 passed in CC.No.324 of 2005 on the file of the XIII Additional Chief Metropolitan Magistrate (Mahila Court), Hyderabad, whereby and whereunder Accused Nos.1 to 5 were acquitted under Section 248(1) Cr.P.C. for the offences punishable under Sections 498-A of IPC and Sections 4 and 6 of the Dowry Prohibition Act. 2. The prosecution case, in brief, is as follows: PW.1-Rajyalakshmi is the defacto-complainant. Accused Nos.1 to 5 are the husband, father-in-law, mother-in-law and sisters-in-law of PW.1. The marriage between Pw.1 and Accused No.1 was solemnized on 06.12.1996 as per Hindu rites and customs. At the time of marriage, the parents of PW.1 gave Rs.1,00,000/- net cash, Rs.1,00,000/- for clothes, Rs.3,00,000/- for gold and silver ornaments and Rs.2,00,000/- spent for wedding expenses, apart from incurring Rs.50,000/- towards engagement which was held in the month of November, 1996. After the marriage, Pw.1 was physically and mentally harassed by the accused. In the month of October, 1999, Accused No.1 went to America and from there also, he used to ring to PW.1 and force her to leave his house. After coming from America, Accused No.1 took PW.1 to Registrar Office of Marriage on 29.03.2001 and asked her to sign in some papers without permitting her to go through the contents and obtained marriage certificate with the date of marriage as 05.03.2001, though the date of their marriage was 06.12.1996. Again in the month of May 2001, Accused No.1 went to America and PW.1 remained at her in-law’s house bearing the harassment of Accused Nos.2 to 5. Subsequent to returning of Accused No.1 from America, Accused Nos. 2 to 5 demanded the father of PW.1 to pay additional dowry of Rs.10,00,000/-, for which he promised to give the same after his retirement. On 11.01.2002, all the accused necked out PW.1 from their house. Thereafter, in spite of several efforts by the father of PW.1 and mediations by some elders, PW.1 was not allowed to join the accused and that she received citation through 311th Judicial District Court, Harris Country, Texas, on 26.12.2003, for divorce. Thereupon, PW.1 filed a report before Women Protection Cell, CID, Hyderabad, and the same was registered as a case in Crime No.3 of 2004 against the accused, for the offences punishable under Sections 498-A, 420 and 385 of IPC and Sections 3, 4 and 6 of Dowry Prohibition Act. On completion of investigation, a charge sheet was filed before the XIII Additional Chief Metropolitan Magistrate (Mahila Court) at Hyderbad, who took the same on file as CC.No.324 of 2005. However, as Accused No.1 was absconding and NBSw were pending against him, the case was separated against him basing on the directions of this Court. On appearance of Accused Nos.2 to 5 and on furnishing copies of the documents to them, the learned Magistrate framed charges under Sections 498-A IPC and Sections 4 and 6 of Dowry Prohibition Act, read over and explained the same to the accused, for which they pleaded not guilty and claimed to be tried. During the course of trial, the defacto-complainant herself was examined as PW.1 and other witnesses were examined as PWs.2 to 26 and Exs.P1 to P3 were marked. On behalf of the defence, no witnesses were examined, but the documents Exs.D1 to D10 were marked. On consideration of the entire oral and documentary evidence on record, the trial Court came to the conclusion that Accused Nos.2 to 5 are not guilty of the offences for which they were tried and, accordingly, vide judgment dated 01.02.2008, acquitted them. Assailing the same, the State preferred this Criminal Appeal. Heard the learned Additional Public Prosecutor appearing for the appellant and the learned counsel appearing for the respondents. No doubt, the prosecution examined P.Ws.1 to 26, including the official witnesses, to bring home the guilt of the respondents herein. As stated supra, PW.1 is the wife of Accused No.1 and the daughter-in- law of Accused No.2. PWs.2 and 3 are the father and sister of PW.1. P.Ws.4 to 21, who are known to the family of PW.1, did not state anything with regard to the alleged dowry harassment or payment of dowry. Hence, their evidence is virtually of no help to the prosecution. So far as the evidence of P.Ws.1 to 3, the interested witnesses, is concerned, their interestedness cannot be a ground to throw away the entire evidence, provided it is consistent and convincing. In this regard, when the evidence of P.Ws.1 to 3 is looked at, the trial Court has come to the conclusion that their evidence is totally contradictory and the same is not convincing. In fact, the said evidence was discussed at length by the trial Court. For instance, PW.1 stated that the respondents herein received dowry and started harassing for additional dowry. The said aspect was denied by PW.7, the purohit who performed the marriage of Accused No.1 with PW.1 on 06.12.1996 at Viceroy Function Hall. He stated that prior to the marriage of PW.1, there was engagement ceremony of Laxmi puja and both parents exchanged lagna patrika. In the cross-examination, he stated that he came to know that the family of the respondents is well- known and well to do family and that the marriage between PW.1 with Accused No.1 was a dowry free marriage. Similarly, the evidence of PWs.1 to 3 was totally negated by the other witnesses, who were examined by the prosecution. In these circumstances, it can definitely be said that the evidence of P.Ws.1 to 3 cannot be taken into consideration in holding that the respondents are guilty of the offence for which they were tried and, therefore, I see no merits in this appeal. The Criminal Appeal is, accordingly, dismissed. ___________________________ GOPALA KRISHNA TAMADA,J 15.11.2001 v v