Undavali Narayana Rao vs State Of A.P

2. The facts and circumstances giving rise to this appeal are that a private complaint was filed by Undavilli Veerayamma, PW.1/ complainant against the appellant Undavalli Narayan Rao - the husband, and Undavalli Veerayamma @ Vijjamma - the mother-in-law of the deceased, Malathi Devi. Both of them are alleged to have harassed the deceased for more dowry and due to the strained relationship between the deceased and appellant, an agreement (Khararunama) was executed, restraining the appellant from dealing with or alienating the properties mentioned in the said "Khararunama". Subsequent to the execution of said "Khararunama" the deceased restored marital relations with the appellant and they lived together for nine years. During this period the deceased persistently complained about the behaviour of the appellant and his mother, to her mother Smt. Undavilli Veerayamma PW.1 and other relatives and the continuation of harassment at the hands of the appellant and his mother.

3. It is alleged that the appellant killed his wife on 5.6.1999 and stage managed a hanging to show that the deceased committed suicide. Her dead body was hurriedly cremated with the assistance of co-accused Manyan Narayan Rao, Valluri Gangadhar Rao and Chillikuri Rajasekhara Rao 3 without informing the parents of the deceased who were away at Hyderabad and it was also alleged that the close relatives of the deceased objected to the cremation but despite their objections, the deceased was cremated.

4. After arrival of the parents of the deceased, a dispute arose and when the mother of the deceased Smt. Undavilli Veerayamma PW.1 was about to file a criminal case against the accused persons, a mediator attempted conciliation between the parties, as a result whereof some land was parted with through a registered document by the appellant in favour of the minor child of the deceased as a consideration for not filing a criminal case. However, subsequently the appellant refused to allow the minor child to be with her maternal grand parents. Thereafter Smt. Undavilli Veerayamma PW.1 approached the Police Station for registering an FIR and since there was abnormal delay, the police refused to register the case as a result of which she filed a private complaint, on the basis of which P.R.C.27/99 before the Additional J.F.C. Magistrate, Peddapuram came to the Court for trial.

5. After committal, the case was proceeded with. Charges under Section 302 read with 34 IPC against the appellant and his mother, and under 4 Section 201 IPC against all the five accused were framed, to which the accused pleaded not guilty. During the course of the trial, the Public Prosecutor prayed for framing of an additional charge under Section 498A IPC, which was accordingly framed against the appellant and his mother.

6. To prove the prosecution case against the accused, 11 witnesses were examined. Upon a full scale trial, the trial court came to the conclusion that the charges under Section 302 read with Section 34 IPC against the appellant, his mother or any other co-accused were not made out. The appellant alone was found guilty and convicted for the offence under Section 498A IPC, and was awarded a sentence of R.I. for two years vide judgment and order dated 31.10.2001. The trial against co-accused Manyan Narayan Rao abated due to his death during the pendency of the case.

19. The instant case is required to be examined in the light of the settled legal propositions. The appellant was married to Malathi Devi (Deceased) on 14.6.1987. It is evident from the evidence on record that a dowry passed on to the appellant consisting of Rs.50,000/- cash, Ac.3.00 of wet land and Ac.6-00 of mango tope along with 50 tolas of gold and 2 kgs. of silver. It is also revealed in the evidence on record, that after about two years of the marriage, the deceased was being harassed by the appellant as well as by his mother. There was a demand that the property in her name be sold and deceased should bring more money from her parents. The deceased was beaten by the appellant and was forced out of the house. The deceased Malathi Devi complained to her mother and other family members that the 11 appellant was always drunk and ill-treated her. However, by the intervention of the elder members of the community, the matter was resolved and an agreement dated 14.3.1990 was executed to the effect that the immovable properties owned by the husband and wife would be preserved for their children and none of them would alienate any part of any property in their names. However, they would have a right to enjoy its usufruct. After sometime, the appellant and his mother started pressurising the deceased to alienate the land in contravention of the said agreement and she should bring money from her parents. The appellant's mother also threatened the deceased that in case she did not agree for the said transfer of land, she would remarry her son with another girl. The deceased left her matrimonial home on 25.5.1999. However, she was taken back by her family members on 26.5.1999 and in consultation with the family members of the appellant and by intervention of certain other persons, the dispute was pacified. It was resolved that there would be no quarrel in future. Subsequently, when the family members of the deceased had gone to Hyderabad, Malathi was found dead on 5th June, 1999. She was cremated on 6th June, 1999 hurriedly without being subjected to any post mortem autopsy and without any information to the family members of the deceased. When the family members of the deceased came and met the appellant, his mother 12 and other family members attempted to resolve the dispute, and not to report the matter to the police and for that consideration, the appellant and his mother agreed to transfer the immovable property of the appellant in the name of the only child of the deceased. As a consequence Ex.P.2 dated 15th June, 1999 was executed and registered purporting to be a partition deed between the appellant and his minor daughter Chy Undavilli Nanda Anuradha Sai Krishna DW.1. According to the said partition deed about Ac.11.69 cents land was given to the daughter. After sometime, it came to the knowledge of the family members of the deceased that the child was not being treated properly, therefore, they approached the appellant's family and made an attempt to take the child in their custody but the appellant did not agree for it. Thus, the mother of the deceased filed the criminal complaint and in exercise of the power under Section 156(3) Code of Criminal Procedure, the court directed for investigation.

24. The High Court after appreciating the entire evidence concurred with the findings recorded by the Trial Court. We do not see any cogent reason to take a view contrary to the one taken by the courts below. The appeal is devoid of any merit and is, accordingly, dismissed. Appellant is on bail. His bail bonds and surety bonds are cancelled. He shall be taken into custody to serve out the remaining sentence.

.....................................J (Dr. Mukundakam Sharma) ..............................

.........J (Dr. B.S. Chauhan) New Delhi;

July 24, 2009.

Digital Proforma

1. Case No. : Criminal Appeal No. 594 of 2004

2. Date of decision : 24.7.2009

5. Date of C.A.V. : 28.5.2009

6. Judgment delivered Hon'ble Dr. Justice B.S. Chauhan by :

7. Nature of judgment: Reportable Whether reportable