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Andhra Pradesh High Court
Judges : G.RADHA KRISHNA RAO
P.Bikshapathi - Appellant
Versus
State OF A.P. - Respondent
Decided On : 10-02-88
DOWRY PROHIBITION ACT - S. 4 - DOWRY DEATH - SUICIDE BY WIFE - ABETMENT BY HUSBAND AND MOTHER-IN-LAW - EVIDENCE - STATEMENTS OF PARENTS AND RELATIVES OF DECEASED - ADMISSIBILITY - S. 32(1), EVIDENCE ACT - CIRCUMSTANTIAL EVIDENCE - PROXIMITY OF TIME - RELEVANCE - S. 113-A, EVIDENCE ACT - PRESUMPTION OF ABETMENT OF SUICIDE BY MARRIED WOMAN - APPLICABILITY - SCOPE AND EFFECT - S. 498-A, IPC - CRUELTY - MEANING - INTERPRETATION - INTENTIONAL AID AND ACTIVE COMPLICITY - ESSENTIAL INGREDIENTS - LEGAL PRESUMPTION - DRAWING OF INFERENCE - JUDICIAL CONSCIENCE - STANDARD OF APPRECIATION OF EVIDENCE - DUTY OF COURT - SENTENCE - BRIDE-BURNING FOR DOWRY - SEVERITY - DETERRENT EFFECT - REDUCTION OF SENTENCE.
Fact of the Case:
The deceased, a young married woman, committed suicide by setting herself on fire due to harassment by her husband and mother-in-law for dowry. The prosecution examined 11 witnesses and got marked Exs. P-1 to P-10. The accused examined one witness and got marked one document.
Finding of the Court:
The court found that the deceased was subjected to cruelty by her husband and mother-in-law on account of the non-fulfilment of the demand for a T.V. set and gold. The court also found that the accused had the intention to aid and actively participated in the harassment of the deceased, which ultimately led to her suicide. The court further found that the legal presumption under S. 113-A, Evidence Act, was attracted in this case and that the prosecution had proved the offence of abetment of suicide under S. 306, IPC, and cruelty under S. 498-A, IPC, against the accused.
Issues: 1. Whether the statements of the parents and relatives of the deceased are admissible in evidence under S. 32(1), Evidence Act? 2. Whether the circumstantial evidence is sufficient to establish the guilt of the accused? 3. Whether the legal presumption under S. 113-A, Evidence Act, is applicable in this case? 4. Whether the accused are guilty of abetment of suicide under S. 306, IPC, and cruelty under S. 498-A, IPC?
Ratio Decidendi: 1. The statements of the parents and relatives of the deceased are admissible in evidence under S. 32(1), Evidence Act, as they relate to the cause of death and exhibit circumstances leading to the death. 2. The circumstantial evidence, including the statements of the witnesses, the medical evidence, and the inquest report, is sufficient to establish the guilt of the accused beyond reasonable doubt. 3. The legal presumption under S. 113-A, Evidence Act, is applicable in this case as the deceased committed suicide within seven years of her marriage and the accused had subjected her to cruelty. 4. The accused are guilty of abetment of suicide under S. 306, IPC, and cruelty under S. 498-A, IPC.
Final Decision: The appeal is allowed so far as A-2 is concerned and is dismissed so far as A-1 and A-3 are concerned. The conviction of A-2 for the offences under Ss. 306 and 498-A Penal Code and the sentences imposed against him thereunder are set aside. A-2 is acquitted of all the charges framed against him. The convictions of A-1 and A-3 for the offences under Ss. 306 and 498-A, Penal Code are confirmed. The sentence of seven years rigorous imprisonment imposed against A-1 and A-3 for the offence under S. 306, Penal Code, is reduced to five years rigorous imprisonment, while retaining the fine amount of Rs. 200/ -. The sentence imposed against A-1 and A-3 for the offence under S. 498-A, Penal Code, is confirmed. The sentences are directed to run concurrently.
( 1 ) THE IInd Additional Metropolitan Sessions Judge, Hyderabad, framed three charges against A-1 to A-3 for the offences punishable under Ss. 306 and 498-A, IPC and S. 4, Dowry Prohibition Act, 1961. The learned Judge found the accused not guilty of the offence under S. 4, Dowry Prohibition Act. He, however, found the accused guilty of the offences under Ss. 306 and 498-A, I. P. C. and sentenced them to undergo rigorous imprisonment for seven years and also to pay a fine of Rs. 200/- in default to undergo rigorous imprisonment for two months for the offence under S. 306, I. P. C. He also sentenced the accused to undergo rigorous imprisonment for six months and also to pay a fine of Rs. 100/- in default to undergo rigorous imprisonment for one month for the offence under S. 498-A I. P. C. Both the sentences were directed to run concurrently. Against that, A-1 to A-3 filed an appeal in this court. This Court allowed the appeal by order dt. 27-10-1987 and set aside the conviction and the sentences passed against the accused. The Supreme Court by order dated 11-7-1988 in Crl. Appeal No. 349/88 set aside the order of this court by holding that the matter requires to be remitted back to this court for a fresh decision in accordance with law, after hearing both the parties, PW-2, the father of the deceased who filed the appeal in the Supreme Court, also filed an application and submitted his written arguments.
( 2 ) A-1 married the deceased Rajyalakshmi on 27-5-1983. A-2 is the father and A-3 is the mother of A-1. PW-2 is the father and PW-3 is the mother of the deceased. PW-4 is the paternal grandmother and PW-5 is the paternal uncle of the deceased.
( 3 ) THE prosecution case is that the deceased Rajyalakshmi committed suicide on 6th April, 1984 at about 6. 00 p. m. in the bathroom in the house bearing No. 1-7513/1/12 situated at Gemini Colony, Musheerabad, Hyderabad. A-1 to A-3 illtreated and harassed her continuously for of getting the T. V. set and a gold ring of one tola from her parents. Due to that conduct of A-1 to A-3, the deceased Rajyalakshmi, aged about 19 years, was compelled to commit suicide by setting herself on fire by pouring kerosene on her body. It is the further case of the prosecution that the accused took a bajaj chetak scooter, a steel almyrah, a wristwatch, steel utencils etc. , 6 tolas of gold and a cash of Rs. 2,116/- as dowry at the time of the marriage of A-1 with Rajyalakshmi.
( 4 ) THE prosecution has examined 11 witnesses got marked Exs. P-1 to P-10. The accused examined one witness and got marked one document.
( 5 ) THE case of the accused is one of total denial. A-1 and A-2, father and son, are working in the Excise Department as Constables. PWs. 2 and 3 are having three daughters and two sons. The eldest daughter is the deceased Rajyalakshmi and she studied up to Xth Class. A-2 and A-3 are having four sons and A-1 is their eldest son. PWs. 2 to 5 are residing in Bagh Amberpet. The accused are residing in Gemini Colony and both are within the Hyderabad Municipal Corporation limits.
( 6 ) THE case of the prosecution as sought to be placed before the court through oral and documentary evidence is as follows : After due negotiations by the elders, the marriage between A-1, an Excise. Constable and the deceased Rajyalakshmi, was performed on 27-5-1983. The accused demanded a scooter, 6 tolas of gold, a wrist watch, an almyrah and a cash of Rs. 2,116/- as dowry. PW-2 the father of the deceased who is a motor mechanic, gave all the articles, cash and clothes as demanded by the accused. The marriage was consummated. Both A-I and the deceased started living in the house of the accused. The accused constructed a house in Gemini Colony and they shifted to that house during the year 1983.
( 7 ) PW-3 mother of the deceased went to the house of the accused to take her daughter and son-in-law to their house for Deepavali festival of 1983. A-1 and A-3 asked PW-3 that they should give a T.
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