HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.2421 of 2004 Between: 1. Tellakula Lakshminarayana 2. Tellakula Ranganayakam .. Appellants/Accused And The State rep., by its Public Prosecutor, High Court of A.P., Hyderabad. ..Respondent This Court made the following: HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.2421 of 2004 JUDGMENT: While acquitting the appellants 1 and 2/A.1 & A.2 of the offences punishable under Sections 498-A and 304-B I.P.C., the X Additional Sessions Judge (Fast Track Court), Guntur by the judgment dated 25.10.2004 in Sessions Case No.393 of 2003 convicted A.1 and A.2 of the offence under Section 4 of the Dowry Prohibition Act and sentenced them to simple imprisonment for one year and fine of Rs.500/-. Questioning the said convictions and sentences A.1 and A.2 filed this appeal. 2. Marriage between A.1 and the deceased was a love marriage and it took place on 27.03.2002 without the consent of parents of both the parties. In spite of it, parents of both the couple participated in Satyanarayana Swami Vratam which took place after the marriage. A.2 is mother of A.1. It is alleged that at Satyanarayana Swami Vratam, A.2 demanded dowry for which father of the deceased (P.W.1) promised to pay Rs.95,000/- towards dowry at a subsequent date. It is alleged that the nuptials were postponed for want of payment of the agreed dowry amount. Subsequently P.W.1 paid Rs.25,000/- in cash and jewellery worth Rs.16,000/- and agreed to pay balance of dowry of Rs.54,000/- during future festival time. It is alleged that the deceased committed suicide by hanging in the absence of the accused because of the attitude of the accused. 3. The lower Court framed charges against A.1 and A.2 and another for the offences under Sections 498-A and 304-B I.P.C and also framed another charge for the offence under Section 4 of the Dowry Prohibition Act against A.2 only. After trial, the lower Court recorded conviction of A.1 and A.2 for the offence under Section 4 of the Dowry Prohibition Act (in short, the Act) even though there is no allegation of demand of any dowry by A.1 and in spite of there being no charge against A.1 for the offence under Section 4 of the Act. The lower Court erred in recording conviction of A.1 of the offence under Section 4 of the Act. 4. There is evidence of P.Ws.1 & 2 regarding the charge under Section 4 of the Act. P.W.1 is father and P.W.2 is brother of the deceased-Padma Parvathi. It is their evidence that at Satyanarayana Swami Vratam performed at Vinukonda the accused asked for dowry and that P.W.1 agreed to give Rs.95,000/- in instalments. The amount of Rs.95,000/- is stated to be a voluntary figure given by P.W.1. It is their evidence that subsequently P.W.1 gave Rs.20,000/- and gold chain worth Rs.16,000/- and also Rs.5,000/- and promised to pay the balance during Sankranthi festival. Except the allegation of the accused demanding for dowry at the time of Satyanarayana Swami Vratam, there is no other evidence relating to demands on any subsequent dates. 5. Sheet anchor of the appellants’ contention is based on Sakhi Mandalani Vs State of Bihar[1] wherein the Supreme Court observed and held: “6. These sections make out independent offences, but in the instant case it was the demand for dowry coupled with harassment which constitutes the basis of the prosecution case. Once the main part of the charge under Section 304-B was not found established, it was not possible to record conviction under Section 3 and 4 of the Dowry Prohibition Act.” 6. In that view of the matter when the lower Court recorded acquittal of the appellants for the offences under Sections 498- A and 304-B I.P.C which offences include demand for dowry coupled with harassment, conviction of the appellants for the offence under Section 4 of the Dowry Prohibition Act does not stand independently. 7. In the result, the Criminal Appeal is allowed setting aside the convictions and sentences passed by the lower Court against the appellants 1 and 2/A.1 and A.2 and acquitting them. _____________________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt.17.08.2011 Vjl [1] (1999)5 SCC 705