JUDGMENT

Chelameswar, J.

1. This is an appeal against the judgment of the High Court of Andhra Pradesh in Criminal Appeal No.203 of 2005 dated 5th June 2007. By the said judgment, the High Court confirmed the judgment dated 8th February 2005 in Sessions Case No.23 of 2004 on the file of the V-Addl. Sessions Judge (Fast Track Court) at Nizamabad.

2. The sole appellant herein alongwith his parents was tried for the offences under section 304B and 498A IPC. Apart from that the appellant herein was tried for an offence under section 302 IPC simplicitor while all the three persons were charged and tried for the offence under section 302 read with section 109 IPC. While the sole appellant herein was convicted for the offence under section 302 as well as section 498A IPC, the trial court did not record any finding against the appellant herein insofar as the charge under section 304B IPC is concerned. The other two accused were acquitted of all the charges.

3. Aggrieved by the conviction and sentence, the appellant carried the matter in appeal to the High Court unsuccessfully. Hence the present appeal.

4. The wife of the appellant by name Jyotsna died on 21st May 2003. The deceased Jyotsna and the appellant married sometime in 1998, therefore, the death of Jyotsna took place within seven years from the date of marriage. The prosecution case rested on the circumstantial evidence. The prosecution relied on five circumstances to establish the guilt of the appellant herein, they are — (i) the deceased and the appellant were wife and husband; (ii) they were living in the same house; (iii) the deceased was harassed by the appellant for additional dowry; (iv) according to the medical evidence though the body was allegedly found hanging it was infact a case of strangulation; and lastly an extra-judicial confession was made by A-1 before PW9.

5. To establish the above circumstances the prosecution examined as many as 16 witnesses. PW1, PW2 and PW4 are the parents and brother of the deceased respectively. PW5 and PW6 are neighbours and PW7 is a resident of the locality who according to the prosecution saw the dead body hanging by a lungi to the roof. PW14 is the doctor who conducted post mortem examination on the dead body on 22.5.2003. PW15 is the Sub-Inspector of Police/Station House Officer attached to the V-Town Police Station, Nizamabad, Andhra Pradesh, who initially registered a crime under section 304B IPC on the report (Ex.P1) made by PW1. PWs1, 2 and 4 were examined to prove the factum of harassment for dowry by the appellant herein. PW3 is the husband of the sister of the deceased who was also examined for the purpose of establishing the harassment for dowry. Their evidence remains unimpeached and both the courts below believed their version insofar as the appellant is concerned.

6. PW7 is a resident of the locality where the appellant and the deceased lived. According to the prosecution, he went to the appellant’s house at 8.30 a.m. on the fateful day in order to collect some amount due from A-1. There he found the deceased hanging by a lungi to the roof on the first floor of the building. With the hope of saving the life, PW7 disentangled the dead body and laid it on the floor only to find that the lady was already dead. Thereafter, he alongwith the help of another person Bhumaiah (who is not examined) shifted the dead body to the ground floor of the building.

7. According to the evidence of PW1, some unknown person had informed by telephone on the fateful day in the morning hours that the deceased was ill. Thereafter, PW1 passed on the information to PW4, who was residing in the same town (Nizamabad) as the appellant and the deceased, and asked him to ascertain the state of affairs. Thereafter, PW1 along with other members of the family rushed to Nizamabad only to find the dead body of his daughter.

8. The learned counsel for the appellant argued that there is no iota of evidence to establish that the appellant caused the death of Jyo