HONOURABLE SRI JUSTICE P. DURGA PRASAD CRIMINAL APPEAL NO.2218 OF 2004 Dated 14-03-2011 Between: R. Bhavani Prasad ……..Appellants And: State of A.P., rep. by PP., High Court of A.P. ………Respondent THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL APPEAL NO.2218 OF 2004 JUDGMENT: This appeal arises out of the conviction and sentence passed by the III Additional District & Sessions Judge (Fast Track Court), Mahabubnagar, Gadwal in S.C.No.01 of 2003 dated 04.10.2004. The appellant herein along with his parents were prosecuted for the offence under Section 304-B IPC alleging that the deceased Smt Hemabai was married with A.1 on 30.04.2001 at Kovelakuntla village and at the time of marriage, her parents gave 5 Tulas of gold Rs.45,000/- cash as dowry. Since then onwards, the deceased was harassed by the accused by demanding additional dowry of Rs.50,000/- for doing financial business with the said amount. The deceased informed about the harassment made on her over telephone to her parents. On 18.6.2001 the complainant sent her brother-in-law R. Subash to the house of the accused. He advised them to lead peaceful life and brought the deceased to Kovelakuntala village since she was pregnant and it was ‘Ashada’ month. On 30.07.2001 again the deceased was sent to the accused and again she was harassed by the accused for additional dowry and threatened to kill her. Due to fear she informed about the harassment over telephone on 09.08.2001 night at about 2.00 hours and that the complainant was informed over telephone that her daughter consumed poison and got admitted in the hospital and her condition was serious. She came to Gadwal and found her daughter died. Upon receipt of the information, A.1 to A.3 were prosecuted for the offence under Section 304-B IPC. During pendency of the trial, A.2 died and the learned Sessions Judge has framed the charge under Section 304-B IPC against A.1 and A.3 and both of them pleaded not guilty for the said charge. The prosecution in order to establish the charge, examined 16 witnesses and got marked Exs.P.1 to P.13. No evidence was adduced on behalf of the accused. The learned Sessions Judge by taking into consideration of both oral and documentary evidence found A-1 guilty for the charge under Section 304-B IPC and convicted and sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.500/- and A.3 is found not guilty for the said charge under Section 304-B IPC and she was acquitted. Aggrieved by the said conviction and sentence, the A-1 therein has preferred the present appeal. Now the point that arises for consideration is whether the prosecution could able to establish the charge under Section 304-B IPC against the accused beyond reasonable doubt? The learned counsel for the appellant has pleaded that the prosecution has failed to establish the demand for additional dowry and harassment against the deceased by A.1 and according to him the deceased has committed suicide in view of the illicit intimacy prior to her marriage with one Venkata Prasad who is residing opposite to her house. On behalf of the Public Prosecutor, it is argued that the prosecution could able to establish the demand for additional dowry and harassment caused to the deceased from the evidence of P.Ws.1 to 3 and 6 and 7 and from the evidence of P.Ws.12 and 14, it is established that the deceased committed suicide by consuming pesticide poison and the deceased died within 7 years of her marriage and as such the prosecution could able to establish the offence under Section 304-B IPC against the accused beyond reasonable doubt. In order to establish the offence under Section 304-B IPC, the prosecution has to establish the following: 1. The death of the deceased must have been caused by burns or bodily injury or otherwise than under normal circumstances; 2. Such death must have occurred within 7 years of her marriage; 3. Soon before her death, the woman must have been subjected to cruelty or harassment by her husband or by relatives of her husband; 4. Such cruelty or harassment must be for or in connection with demand of dowry. In the present case, according to the prosecution, the marriage of the deceased was performed with A.1 on 30.4.2001 and at the time of her marriage, her parents have given Rs.45,000/- cash and 5 Tulas of gold and subsequently to the marriage he harassed the deceased for getting additional dowry of Rs.50,000/- for doing financial business and she could not bring the same and the accused harassed her and she could not tolerate the harassment and committed suicide on 9.8.2001 which is within 7 years of her marriage. P.W.1 is the mother of the deceased and she has stated about performing of the marriage of the deceased with A.1 on 30.4.2001 at Koilakuntla and according to her they paid Rs.45,000/- cash at the time of marriage. According to her the accused began to harass demanding to bring additional dowry of Rs.50,000/-. Her daughter informed to them about the harassment by the accused about the additional dowry. According to her, they brought their daughter to their village as it was Ashadamasam. On 30.7.2001 they sent daughter back to her in-laws house. They convinced the accused that they will make necessary arrangements for payment of the amount. Even after that her daughter made a phone call to them and informed about the harassment by the accused. On 9.8.2001 they have received telephone message during the night hours as if his daughter was admitted in hospital and her condition was serious and immediately she has gone to Godwal and found her daughter died. P.W.2 who is the brother-in-law of the P.W.1 and uncle of the deceased also supported the version of P.W.1 with regard to payment of Rs.45,000/- as dowry at the time of the marriage of the deceased on 30.4.2001. According to him, P.W.1 used to complain to him that the accused were insisting her to bring some more dowry. All the family members of A.1 are harassing her and he had talked with the father of A.1 and settled the dispute seeking time for payment of the additional dowry of Rs.50,000/- as demanded by accused. They brought the deceased to their village as it was ‘Ashadhamasam’. After the said period, they have taken the deceased back to her in-laws house. Subsequently they received telephone message on 9.8.2001 as the deceased consumed poison and she was admitted in hospital. The said version of demanding for additional dowry by the A.1 and about the payment of dowry at the time of marriage was also supported by P.W.3 Grand-mother and P.W.6 Grand-father and P.W.7 is the wife of P.W.2. There is nothing elicited in the cross-examination to disbelieve their evidence with regard to demand for additional dowry. Admittedly the marriage of the deceased took place on 30.4.2001 and she died on 9.8.2001 i.e., within 7 years of her marriage and according to the evidence of Doctors P.W.12 and P.W.14 who conducted autopsy on the body of the deceased opined that the deceased died due to Organo Phosphate poison. With regard to the harassment caused by the accused for demanding for additional dowry even in Ex.P.1 complaint, P.W.1 has specifically stated that the accused demanding additional dowry of Rs.50,000/- as the A.1 wanted to start finance business and she also stated that the deceased requested her to come to her urgently and take away her from them, otherwise, there would be harm to her life. The very next day after receiving the said call, she has sent, her younger brother-in-law to his daughter on 18.6.2001 and he met the family members of the accused and consoled them by saying that she has no father and more over she is pregnant. According to her after ending of ‘Aashada’ month, they have taken her to Gadwal on 30.07.2001 and left her there. Within four days, her daughter has made twice phone calls, stating that she is afraid of them as they threatened to kill her, if she do not bring dowry as per their demand. In the meanwhile, their neighbours have received a phone call at 2’O’ clock in the night of 9.8.2001 and informed on phone that her daughter has consumed poison and she has admitted into the hospital and she is in serious condition. Therefore, from the above evidence of P.Ws.1 to 3, 6 and 7, it is established that the accused has demanded for additional dowry of Rs.50,000/- and in connection with the said demand of additional dowry, they started harassing her and as she could not tolerate the same committed suicide by consuming pesticide poison. The learned counsel for the appellant has pleaded that the accused was having illicit-intimacy with one Venkata Prasad who is residing opposite to her house and after coming to know about the illicit-intimacy by the accused she has committed suicide. But P.W.1 has denied about the said allegation made against the deceased in her cross-examination and except putting suggestion to P.W.1 nothing was brought on record with regard to the allegations made against the deceased with regard to illicit-intimacy. P.W.13, M.R.O who conducted the inquest over the dead body of the deceased and P.W.11 was the Mediator for the said inquest has also stated about the harassment caused to her prior to the death of the deceased as per the evidence collected during the course of inquest. Therefore, from the above evidence, it is established that the deceased died within 7 years of her marriage by committing suicide and prior to her death she was harassed by the accused in connection with the demand for additional dowry. Therefore, the prosecution could able to establish the charge under Section 304-B IPC against the accused beyond reasonable doubt. With regard to quantum of sentence, the learned Sessions Judge has convicted and sentenced the A-1 to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.500/- in view of the nature of the offence committed by the accused and the same does not warrant any interference by this Court. In the result, the appeal is dismissed confirming the conviction and sentence passed by the III Additional District & Sessions Judge, (Fast Track Court), Mahabubnagar, Gadwal in S.C.No.01 of 2003 dated 04.10.2004. ______________________ P.DURGA PRASAD, J Date: 14-03-2011 Gk THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL APPEAL NO.2218 OF 2004 Dated:14.03.2011 Gk.