HONOURABLE SRI JUSTICE P. DURGA PRASAD CRIMINAL APPEAL NO.2234 OF 2004 Dated 18-03-2011 Between: Muchapati Ramesh ……..Appellant And: The State of A.P., rep. by PP. High Court of A.P., Hyderabad. ………Respondent HONOURABLE SRI JUSTICE P. DURGA PRASAD CRIMINAL APPEAL NO.2234 OF 2004 JUDGMENT: This appeal arises out of the conviction and sentence passed by the Special Judge for Trial of Offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act-cum-VI Additional Metropolitan Sessions Judge-cum-XX Additional Chief Judge, Hyderabad at Secunderabad in S.C.No.116 of 2004 dated 11.10.2004. The appellant herein was prosecuted for an offence under Section 304-B IPC along with his grand-mother alleging that he married M.Tulasiveni about 5 years back and at the time of marriage he was given Rs.50,000/- out of Rs.1,20,000/- towards dowry and after one year after the marriage, he started troubling his wife and tortured her both mentally and physically by demanding additional dowry and he also sent the deceased to the house of her parents by beating and harassing her and she stayed in her parents’ house for one month and later at the instance of the village elders, the deceased was again sent back to the hosue of the accused and thereafter they blessed with a son who is aged about 3 years and on 14.7.2000 at about 11.00 hours, the problem was started between the accused and the deceased and the accused picked up quarrel with the deceased, snatched away her gold ‘Mangala Suthram’ from the neck of the deceased forcibly and sent out from his house forcibly saying that go away to any where and die. Due to such un-measurable torture and harassment both physically and mentally by demanding additional dowry the deceased could not tolerate and thus she committed suicide by falling in front of a running train at Km.No.15/8 in between Nagireddypally and Pagidipally Railway station. On receipt of the information about the dead body of the deceased, P.W.11 has registered the case under Section 174 of Cr.P.C and subsequently on receipt of the petition from the father of the deceased M. Tulasiveni, the Section of law was altered to Section 304-B IPC. After the investigation by P.Ws.11 and 12, the accused along with grand-mother of the accused were charged under Section 304-B IPC. The learned Special Judge has framed the charge against the appellant and the grand-mother of the appellant under Section 304-B and read with 34 IPC and both of the accused have not pleaded guilty for the said charge. The prosecution in order to establish the said charge examined P.Ws.1 to 12 and got marked Exs.P.1 to P.6 and on behalf of the of the accused, D.W.1 was examined and Exs.D.1 and D.2 are marked. The learned Special Judge after taking into consideration of both oral and documentary evidence, found the appellant i.e., A.1 guilty for the offence under Section 304-B IPC and convicted and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for one month and found A.2 the grand-mother of the A.1 not guilty for the offence under Section 304-B IPC and she was acquitted. Aggrieved by the said conviction the appellant/A.1 has filed the present appeal. Now the point that arises for consideration is whether the prosecution could able to establish the offence under Section 304- B IPC against the appellant/A.1 beyond reasonable doubt? The learned counsel for the appellant has pleaded that the death of the deceased was accidental and there is no harassment made by the accused either for demand of dowry or anything and immediately after finding the dead body of the deceased, all the villagers and the mother of the deceased, P.W.4 also gathered there but none of them informed the police about the harassment caused to the deceased by the accused and only on the representation given by the father of the deceased after two days, the Section of law was altered to Section 304-B IPC and prior to the alteration of Section of law, even though the witnesses were examined and mother of the deceased have not stated any thing to the police about the harassment caused by the accused demanding for additional dowry and therefore, the prosecution has failed to establish the harassment caused to the deceased prior to her death. On behalf of the learned Public Prosecutor, it is argued that the way in which the dead body of the deceased was found on the railway track itself shows that it is a case of suicide and not a case of accidental death and the evidence of P.Ws.1 to 3 and the Doctor P.W.9 establishes the death of the deceased is a suicide and not accidental. He further pleaded that from the evidence of P.Ws.4 and 5, the prosecution could able to establish that the harassment caused to the deceased by the accused demanding for additional dowry and non payment of the balance amount of dowry agreed to be paid at the time of marriage and even at the time of conducting the inquest, the witnesses have spoken about the harassment caused to the deceased by the accused and as such the prosecution could able to establish the offence under Section 304-B IPC against the accused beyond reasonable doubt. According to the prosecution, the marriage of the deceased with the accused took place prior to 5 years from the accident and at the time of marriage, he was given Rs.50,000/- out of Rs.1,20,000/- and they lived happily for one year and thereafter, he started troubling his wife and tortured her both mentally and physically by demanding additional dowry and he also sent the deceased to the house of her parents by beating and harassing her and she stayed in her parents’ house for one month and later at the instance of the village elders, the deceased was again sent back to the house of the accused and thereafter they blessed with a son who is aged about 3 years and on 14.7.2000 at about 11.00 hours, the problem was started between the accused and the deceased and the accused picked up quarrel with the deceased, snatched away her gold ‘Mangala Suthram’ from the neck of the deceased forcibly and sent out from his house forcibly saying that go away any where and die. Due to such un-measurable torture and harassment physically and mentally by demanding additional dowry the deceased could not tolerated and thus she committed suicide by falling in front of a running train at Km.No.15/8 in between Nagireddypally and Pagidipally Railway station. With regard to the death of the deceased, whether it is accidental or suicidal, the prosecution has examined P.Ws.1 to 3. P.W.1 is the Station Master of Bhoingir and according to him on 14.7.2003 at about 18.15 hours Nagireddy Pally Station Master over his control phone informed him that at Kilometer 15/8 a female dead body was lying on the track and that he was informed of the same by Keyman Agaiah. Then he sent written message to GRP, Bhongir. Ex.P.1 is the said message. P.W.2 is the Gangman K. Agaiah and according to him on 14th July of last year, he started at 6.00 a.m at Nagireddypally railway station on his duty of track checking and reached 15th Kilometer at about 6.00 a.m and there he found a female dead body lying on the track and another Gangman Swamy also reached the spot. The body was found cut. They went to Nagireddypally railway station and informed the Station Master about the presence of a dead body of female on the railway track. P.W.3 Gangman E. Swamy also supported the version of P.W.2 with regard to finding of female dead body on the railway track at 15/8 kilometer. P.W.4 is the mother of the deceased and P.W.5 who is the mediator also found the dead body of the deceased on the railway track. According to Doctor P.W.9 who conducted the autopsy over the dead body of the deceased found the following 5 injuries: 1. Decapitation of head from trunk at the level of C.4, C.5 at the level of lower neck from trunk. 2. Traumatic amputation of right upper limb from trunk through right collar bone, later 1/3rd 3. Traumatic amputation of left upper limb from trunk through shoulder joint. 4. Margins of severed parts were crushed and contused. 5. Brain slightly congested on cut section. According to him, the case of death was due to Traumatic amputation of neck and both upper limbs. P.W.11 the Sub Inspector of Police who has registered the case under Section 174 Cr.P.C on receipt of the message from P.W.1 and has proceeded to the spot and conducted the scene of observation and he gave a requisition to M.R.O, Bhongir to conduct the inquest over the dead body of the deceased. P.W.7 M.R.O, Bhongir who conducted the inquest over the dead body of the deceased and according to him, he conducted the inquest over the dead body of the deceased at Area Hospital, Bhongir in the presence of mediators viz., G. Laxmareddy, G. Anjaiah and M. Gopamma and the parents of the deceased and recorded the statements of witnesses and blood relatives. P.W.8 is the Mediator for the said inquest and he also supported the version of P.W.7 with regard to conducting of inquest at Area Hospital, Bhongir on 15.7.2003 at 1.30 p.m. On the above said evidence, the learned Special Judge has found that there was decapitation of head, amputation of upper limbs from the trunk. There were not any other injuries. If she was hit by the train before run over, naturally there would have been other injuries due to the impact of the running train. These injuries of amputation and decapitation of head discloses that the victim laid on the track and therefore there were these amputations. These amputations of the parts of the body of the deceased at the hands and the head discloses that the victim laid on the track keeping her head on the rail with hands close to the head. Therefore, there was decapitation of head from the trunk and the hands were only cut. If the victim was hit by the train while she was waling there would have been other injuries over other parts of the body. The mere fact that there was not any other injury over the lower part of the body discloses the death cannot be by any accident and that it occurred when she laid on the rail keeping her head on the rail with hands close to the head. Therefore, from the above observation of the learned Special Judge, it is clear that it is a case of suicide but not a case of accidental death. The learned counsel for the appellant has pleaded that it is an accidental death as she used to cross the railway track to go to the cattle shed which is on the other side of the railway track for collecting the dung and in support of his contention he examined D.W.1 Kasani Narasimha and according to him the house of the accused is situated by the side of his house. He is having lands in Anasipuram revenue village. They have to cross the railway line to go to their land. There is an un-manned gate in between Anasipuram and Nandanam revenue villages. They have kept a pot at the house of accused for placing waste products and water to take the same in order to feed their buffalos. Tulasiveni used to dung in lieu of providing them such waste food materials. They also kept such kind of pot in the house of Subhadra, who belonged to Padmasali community. Tulasiveni died about .00 p.m in the evening. He found at the dead body the bowl used for collection of dung and a cloth used as a guard on the head to carry the said iron bowl and her chapels. But, the said factum of lying the iron bowl near the dead body of the deceased was admitted by P.W.10 who is the Head Constable who has gone to the spot immediately after getting the information near the dead body and it was found at a distance of one meter to the deceased. Therefore, according to the appellant as the deceased used to come to the cattle shed of D.W.1 for collecting the dung, she might have met with an accident while crossing the railway track. But as already observed above in view of the manner in which the deceased was found lying on the railway track itself shows that it is not a case of accidental but it is only a case of suicidal death. Therefore, the prosecution could able to establish that the deceased has committed suicide. Admittedly, there is no dispute that she died within 7 years of her marriage. Thus, the next point to be considered whether prior to her death, she was harassed and that she was treated cruelly by the accused in connection with demand for dowry. To establish the factum of harassment and demand for additional dowry, the prosecution has examined her mother as P.W.4. P.W.4 B. Venkatamma who is the mother of the deceased has stated that the marriage of the deceased was performed with A.1 at about 5 years prior to her death and she agreed to give dowry of Rs.1,20,000/- but she gave dowry amount of Rs.50,000/- . At the time of marriage, she also gave jewellary, clothes and other house hold articles to the mother of A.1. After marriage, A.1 and her daughter lived happily for one year and after completion of one year, A.1 started proclaiming that he would desert her daughter since she did not beget any child. There were mediations in that regard. In the meanwhile her daughter begot one child. Her daughter delivered a male child at her house. For 3 months after delivery A.1 did not come to his wife or son. After 3 months one day A.1 came to their house and stated to her daughter that she should accompany him to his house on that day itself and threatened to kill her. Due to fear, her daughter left along with A.1 to his house. After two days, A.1 harassed her daughter by threatening to kill her and her son. Her daughter on one day came to her and informed her about the harassment meted out to her at the hands of A.1. Then she requested both the accused about the threats and beating and when she questioned, A.1 stated that she agreed to give a dowry of Rs.2.00 lakhs but gave a sum of Rs.50,000/- and failed to give remaining dowry and he would kill her daughter and marry another woman. A.1 and A.2 beat her and then she went to Bhongir P.S and informed about the incident and the police kept A.1 in a room beat him and advised him to look after his wife properly and not to beat his wife or to her. Thereafter A.1 behaved well for about 1 days. Thereafter on one day, A.1 threatened to kill her daughter and went upon her with a kerosene tin. Her daughter due to fear, rushed to her house. A.1 out of his angriness set fire to his marriage video cassette. Her daughter was in her house for 15 days and due to fear of A.1 she refused to go back to A.1. Thereafter A.1 came to her house beat his wife and took away his son along with him forcibly. He kept his son for three days. By then her daughter was carrying 3rd month pregnancy. Her daughter, 3 days later went to the house of A.1 and brought back her son. She stayed in her house for 2 or 3 days along with her son. Then A.1 came to their house with a knife with a demand to give his son back to him. He threatened to kill his wife or herself if his son was not returned to him. Due to feat of A.1, his son was given him back. Then A.1 brought elders and asked for his wife and she refused to send back her daughter to the accused as they were harassing her daughter for dowry balance. 15 days later on one day, A.1 pulled out the marriage chain from neck of her daughter. She informed the said incident to elder Baleswar. A.1 for 15 days harassed her daughter in many ways including at the time where they were living together. One day prior to death her daughter came to her and informed her that she was being starved for the last 3 days by the accused and that whenever she was taking meals, A.2 was pulling the plate and A.1 was beating her by stating that her daughter was eating K.G rice and that she was being beaten and harassed by A.1. She left for Bhongir at 12.00 noon her daughter was said to have been beaten by accused and at about 4.00 p,.m while she was returning from Bhongir, she found a gathering at railway track and she got down from auto and went to the railway track and found the dead body on the railway track. In the cross-examination she has stated that her statement was recorded by the police after the postmortem examination on the next day, but she denied that she agreed to give a dowry of Rs.2.00 lakhs and that she gave jewellary, household articles and that she could not give balance amount of dowry and she stated all the contents in her chief-examination in her 161 Cr.P.C statement recorded by the police. She denied that the averments made in the chief-examination were not stated to the police in her 161 statement. The investigating officer P.W.11 who recorded the statement of P.W.4 has stated in his cross-examination that he examined P.Ws.4 and 5 on 15.7.2003 at the hospital and P.W.4 did not state before him that she gave a sum of Rs.50,000/- in connection with the agreed dowry of Rs.1,20,000/- and that A.1 used to tell his wife that he would desert her since she did not bear any child, and that A.1 threatened to kill the deceased in case of her failure to join him as she was residing in the house of her mother for about 3 months. He also further stated that P.W.4 did not state that A.1 stated that he would kill his wife and engage in second marriage since P.W.4 failed to pay the balance amount of dowry and that she paid only Rs.50,000/- despite agreement to pay the dowry of Rs.2.00 lakhs. P.W.4 did not state before him that A.1 beat his wife and kept her in a room and in sequence they presented a report to Bhongir police who advised A.1 to live amicably and that A.1 threatened to pour kerosene and set fire to her and that he set fire to marriage video cassette. Therefore, according to the Investigating Officer who recorded the statement of 161 of P.W.4 has categorically stated that she has not stated before him about the demand for dowry and harassment caused by the accused. Therefore, the evidence of P.W.4 in that regard cannot be relied upon. More over if she has really spoken about all the averments made in her evidence before the lower court, the investigating officer ought to have altered the Section of law into Section 304-B immediately basing on her statement but the Section of law was altered to Section 304-B only on 16.7.2003 on receipt of the representation from the husband of P.W.4 i.e., the father of the deceased. That itself shows that the P.W.4 has not stated the above allegations made against the accused in her 161 statement before the police. According to P.W.5 he was the mediator who has joined the deceased with her husband finding fault with the accused and advised him to live amicably with the deceased. According to P.W.5 about 5 years back prior to the death of Tulasiveni her marriage was performed with A.1. He was present at the time of mirage talks and marriage of A.1 with Tulasiveni. The dowry was agreed to be paid Rs.1,20,000/-. He did not know the dowry amount paid. There arose minor disputes between A.1 and his wife relating to their family affairs and that there was mediation in the said regard. In the last mediation, he was present. Tulasiveni intimated him in the said mediation that her husband was beating her. She also intimated that her husband was demanding for dowry and also intimated that she was beaten with regard to family disputes and demand of dowry. Then himself and other elders asked the accusd to trat Tulasiveni properly and to live amicably and threby sent Tulasiveni along with her husband. Thereafter they lived happly for 15 days. Thereafter onone day in the morning time Tulasiveni came to him and stated that she was beaten by her husband for no fault of her and that he husband would not let her live and that she would not live further and that she would die. Tulasiveni sat there in front of A.1’s house and was weeping. I consoled her and left the place. He went on his work of tapping. He returned to home and came to know that Tulasiveni died, on railway track. He went there. He found the dead body of Tulasiveni. In the cross-examination, he stated that his house is near to the house of the accused and intervened by two houses. He denied that there is no mediation regarding the harassment made in the hands of the accused and he deposed falsely. Thus, the P.W.5 also could not able to say whether the dowry amount agreed to be paid at the time of marriage was paid or not. He never spoken about the complaint made by the deceased to him with regard to the family disputes and also demanding of dowry. But it is the specific case of the P.W.4 that the mother of the deceased with the accused started demanding for the balance dowry amount agreed to be paid at the time of marriage as she has paid Rs.50,000/-. But the said fact was not supported by P.W.5. According to the investigating officer on 16.7.2003 on the representation submitted by the father of the deceased he has altered the Section of law. The father of the deceased was not examined as he is reported to be no more by the date of trial. Therefore, the only evidence available with regard to the alleged harassment caused by the accused to the deceased is P.W.5. But P.W.5 in his chief examination has stated that he is not related to P.W.4 Venkatamma even though their surnames are the same but in the cross-examination he admitted that himself and P.W.4 Venkatamma are agantes. He admitted that the deceased was the daughter of maternal uncle of A.1. He also admitted that the husband of Venkatamma was the relative of A.2. The property was partitioned among A.2, husband of Venkatamma and his brother. Therefore, from the above, it is evident that P.W.5 is also related to the P.w.4 who is the mother of the deceased. Since he is related to the deceased he is interested witness to the case of the prosecution. Therefore, his evidence cannot be relied upon without any corroboration. Thus, there is no other evidence on record to establish that the harassment caused by the accused in connection with demand for additional dowry. Thus, the prosecution has failed to establish the harassment caused by the accused to the deceased prior to her death in connection with demand for additional dowry. Hence, the prosecution failed to establish the offence under Section 304-B IPC against the accused beyond reasonable doubt. In the result, the appeal is allowed and conviction and sentence passed by the Special Judge for Trial of Offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act-cum-VI Additional Metropolitan