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Andhra Pradesh High Court
Judges : IYYAPU PANDURANGA RAO, V.BHASKARA RAO
Vemuri Venkateswara Rao - Appellant
Versus
State OF A.P. - Respondent
Decided On : 07-04-91
CRIMINAL APPEAL - DOWRY DEATH - SECTION 304-B IPC - INTERPRETATION - DEMAND FOR DOWRY - HARASSMENT - UNNATURAL DEATH - PRESUMPTION - SECTION 113-A EVIDENCE ACT - CONVICTION - SENTENCE.
Fact of the Case:
The deceased, a newly married woman, was harassed by her husband and his sister for dowry and to sell her land. She died under suspicious circumstances. The accused were charged with murder, dowry death, and cruelty.
Finding of the Court:
The court found that the accused had demanded dowry and harassed the deceased, but there was no direct evidence to link them to the murder. However, the court held that the death was homicidal and not suicidal, and that the presumption under Section 113-A of the Evidence Act applied, as the death occurred within 7 years of the marriage.
Issues: 1. Whether the demand for dowry and harassment by the accused constituted dowry death under Section 304-B IPC? 2. Whether the presumption under Section 113-A of the Evidence Act applied in the absence of direct evidence linking the accused to the murder?
Ratio Decidendi: 1. The court held that the demand for dowry and harassment by the accused constituted dowry death under Section 304-B IPC, as the definition of "dowry" under Section 2 of the Dowry Prohibition Act, 1961 is wide enough to include all sorts of properties, valuable securities, etc. given or agreed to be given directly or indirectly. 2. The court held that the presumption under Section 113-A of the Evidence Act applied in the absence of direct evidence linking the accused to the murder, as the death occurred within 7 years of the marriage and there was evidence of demand for dowry and harassment.
Final Decision: The court convicted the husband of dowry death under Section 304-B IPC and sentenced him to 7 years RI. The conviction and sentence of the husband under Section 302 IPC for murder and Section 201 IPC for causing disappearance of evidence were set aside. The conviction and sentence of the sister-in-law under Section 498-A IPC for cruelty were also set aside.
( 1 ) THIS is an appeal filed by A-1 and A-2 assailing the convictions and sentences imposed on them. A-1 was convicted under Sections 302, 201 and 498-A JPC and sentenced to suffer imprisonment for life, for 5 years and 3. years respectively, whereas a-2 was convicted under Section 498-A and 201 JPC and sentenced to suffer RI for 2 years and 4 years respectively. Originally, A-1 to A-3 were tried under different charges and A-3 were tried under different charges and A-3 was acquitted of all the charges by the Court below. Hence, this appeal by A-l and A-2.
( 2 ) THE gravamen of the charge against the accused is that A-1 being the husband and A-2 being the sister of A-l were harassing the deceased, the wife of A-l, to bring the balance amount of dowry and also to sell the landed property given to her as pasupukumkuma and were also intimidating her by propagating a rumour that she was having illicit intimacy with onekoteswara Rao, and that in furtherance of their common intention to cause the death of the said Koteswaramma (the deceased), they committed her murder on 26-12-1987, and also caused disappearance of the evidence in regard to the said offence of murder by hanging the dead body of the deceased in a room so as to give an appearance of suicide.
( 3 ) THE case of the prosecution as deposed to by the material prosecution witnesses is:- the deceased was the wife of A-1. A-2 is the elder sister of A-1 while A-3 is the husband of A-2. The marriage of the deceased took place about one year prior to the date of occurrance and at the time of her death, she was carrying six months pregnancy. PW-4 is the brother of the deceased while P. W-6 is the landlord of the house in which the deceased and the accused were living. At the time of the marriage, it is in evidence, the parents of the deceased agreed to pay Rs. 20. 000/- in cash and give Ac. 1-50 cents of land to A-l out of the agreed amount, only Rs. 10,000/- was paid to A-l in the presence of A-3 at the time of marriage and the balance was undertaken to be paid later on. The marriage look place on the scheduled date. In March, 1987, after the marriage, a-1 sent the deceased to her parents house to bring the balance amount as it was not paid. Then PW-4 (the brother of the deceased) and his father went to the house of the accused and explained their financial difficulties. Thereupon the accused granted them time upto August, 1987 to make the payment Accordingly the amount was paid to A-1 in the presence of A-3. However, within 2 months thereafter, A-1 to A-3 began to harass the deceased asking her to dispose of Ac. 1-50 cents of land given to her towards pasupukunkuma and bring the cash. In that regard, A-1 also started beating the deceased at the instigation of A-2 and A-3. The deceased, therefore, went to her parents house at Jaggaiahpet and informed them about the harassment and cruelty meted out to her. PW-4 consoled the deceased, advised her to persuade A-1 not to insist upon the sale of land and sent her back to A-1 s house. After a few days, when she again came to her parents house, PW-4 got her examined by a doctor and found her to be pregnant the deceased was again sent to A-1 s house.
( 4 ) ON the fateful day at 2-00 p. m. the deceased went to the house of PW-5, a neighbour, and told her that A-1 to A-3 were ill-treating her for not agreeing to sell the land given to her as (pasupukumkuma ). The deceased informed PW-5 that A-1 was also beating her at the instigation of A-2 and A-3. The deceased further asked PW-5 for a loan of Rs. 20/- to purchase kerosene for the purpose of cooking. PW-5 gave Rs, 7/- to the deceased. PW-5, when later on in the evening, went to the house of the deceased, a-2 told PW-5 that the parents of the deceased had not paid the dowry amount. At that time PW-8 (milk vendor) came to the houseof the deceased. A-2 also sent PW-8 away saying that the deceased was sleeping. After some time, PW-5 left the house of the deceased.
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