L. NARASIMHA REDDY, J.

( 1 ) A-1 in Sessions Case No. 81 of 1994 on the file of the Assistant Sessions Judge, Kavali, is the petitioner in this Revision. Himself, his parents A-2 and A-3 and his sisters A-4 and a-5 were tried for offences under Secs. 306 and 498a of IPC. The trial Court, through its judgment dated 28-8-1996, convicted A-1, a-2 and A-3 of the said offences and sentenced each of them to undergo Rigorous imprisonment (RI) for a period of 3 years and to pay a fine of Rs. 1,000/- each, in default to undergo simple imprisonment (SI) for a period of 6 months for offence under Sections 306 and 389 IPC; and to undergo RI for a period of 1 year and pay a fine of Rs. 500/- each, in default to undergo SI for a period of 3 months for offence under Section 498-A ipc. Both the sentences were directed to run concurrently.

( 2 ) A-1, A-2 and A-3 filed Crl. A. No. 78 of 1996 on the file of the Court of Sessions, nellore. The lower appellate Court, through its judgment dated 4-2-2000, acquitted A-2 and A-3 and sustained the sentence and conviction against A-1. Hence, the present crl. R. C. , by A-1.

( 3 ) THE case as presented by the prosecution was as under:- a-1 was married to Amuda Kumari, the daughter of P. Ws. 2 and 4 on 12-1-1991. At the time of marriage, A-1 was employed in m/s. Swathi Pipe Industries, at Ongole. One month after the marriage, he resigned the job. At the time of marriage, he was given some cash and gold. After resigning the job, he started demanding his wife to bring one lakh from her parents so that he can join as a partner in another business. P. W. . 2 visited the house of the accused during Ugadi festival. A quarrel has taken place between herself and the accused on the issue of payment of the amount. P. Ws. 3, sister of p. W. 4 has also visited the house of the accused and during her discussion with kumari, w/o of A-1, she was informed that the accused were pestering her to bring dowry. P. W. 1, the brother of the said Kumari, has visited the house of the accused at Kavali on 26-1-1993. His sister Kumari and A-1 asked him about the money. He informed them of the financial difficul ties in the family and expressed his inability. On the next day i. e. , 27-1-1993, a neighbour of the accused came to Tangutur and informed that Kumari was serious. Since PW. 4 was not in the house, P. W. 1 waited for him and sent p. W. 2 to Kavali. Subsequently P. Ws. 1 and 4 reached Kavali where Kumari was found dead. They submitted a complaint to the police Station on the same day.

( 4 ) BEFORE the trial Court, the prosecution has examined P. Ws. 1 to 11 and marked documents Exs. P-1 to P-4 and M. Os. 1 to 3. For the defence, D. Ws. 1 and 2 were examined and Exs. D-1 to D-9 were marked. As observed earlier, P. W. 1 is the brother of the deceased, p. Ws. 2 and 4 are her parents, P. W. 3 is her paternal aunt, P. Ws. 5 and 7 to 11 appear to be only formal witnesses and P. W. 6 is the immediate neighbour of the accused. The material witnesses, who had acquaintance with the deceased, are P. Ws. 1 to 4 and 6. D. Ws. 1 and 2 are the persons said to be acquainted with the business of P. W. 4 i. e. , father of the deceased, Ex. P-1 is the report given to the Police. Ex. P-2 is the inquest report, Ex. P-3 is the Observation Mahazar and Ex. P-4 is the Post-mortem Certificate. Exs. D-1 and D-2 are portions of statements recorded from P. W. 4 under Section 161 cr. P. C. Ex. D-3 is the letter dated 10-3-1992 addressed by P. W. 4 to A-2 asking him to specify the auspicious day to take A-1 to tanguturu. Ex. D-4 is another such letter addressed by P. W. 4 to A-2 requesting them to come to take the deceased to Tanguturu. Ex. D-5 is the letter dated 16-3-1992 addressed by P. W. 4 to A-1 requesting him to help p. W. 4 in the business. Ex. D-6 to D-9 are the letters said to have been written by P. W. 2 to a-1 about their business transactions. M. O. 1 is a wooden stool used by the deceased in hanging, M. O. 2 are the pillows, M. O. 3 is her up

Click Here to Read the rest of this document