IMPORTANT POINT
An accidental death cannot be brought under the category of death otherwise than under normal circumstances under Section 304B I.P.C.

T. Ch, Surya Rao, J. - This appeal has been filed by accused Nos. 1 to 4 assailing the convictions and sentences passed against them by the learned Additional Sessions Judge, Mahabubnagar by his Judgment dated 05-03-1997 in Sessions Case No. 307 of 1993.

2. The appellants-accused Nos. 1 to 4 stand convicted for the offence punishable under Section 304-B of the Indian Penal Code ("the IPC for brevity) and each one of them sentenced to suffer Rigorous Imprisonment for ten years.

3. The gravamen of the charge against them was that A-1 to A-4 subjected Smt. Lelamma wife of A-1 to cruelty and harassed her by demanding dowry and that within seven years of the marriage of the deceased with A-1 i.e., on 6-01-1993 at 05.60 AM. at Shakapur village, the deceased died by committing suicide on account of the cruelty and harassment meted out to her and thereby they committed the offence punishable under Section 304-B of the IPC.

4. The prosecution examined at the trial in all twelve witnesses. The case of the prosecution as unfolded by the testimony of the witnesses, in brief, may be stated thus:

A-2 and A-3 are the parents of A-1 and A-4 is the younger brother of A-1. P.Ws.1 and 2 are the parents of the deceased, who was the wife of the first accused. P.W. 3 is another daughter of P.Ws. 1 and 2. The marriage in between A-1 and the deceased was performed in the year 1987. At the time of the marriage, P.W.1 promised to pay an amount of Rs. 60,000/- as dowry. Out of that amount, he paid an amount of Rs. 40,000/- in the first instance and then he paid another amount of Rs. 10,000/- and later he paid an amount of Rs. 5,000/-. There remains the balance of Rs. 5,000/-It is said that for the non-payment of the balance of Rs. 5,000/-, A-1 to A-4 used to harass the deceased by demanding her to bring the balance amount.

5. About ten days prior to death of the deceased, she came to her parents house and informed them that A-1 to A4 had been harassing her by demanding to bring the balance dowry amount. P.W. 1 sent back the deceased to A-1s house after having convinced her that he would pay the balance amount within one month thereof. Oh 16-01-1993, one small boy from the village of A-1 came and informed P.W.1 that the deceased fell in the well. Thereupon. P.Ws. 1 to 3 went to the village of the first accused and saw the dead body of the deceased in the well. Thereupon. P.W. 1 gave Ex. P-1 written report to P.W. 11 who registered the case as Crime No.4 of 1993 on Ex. P-1 and issued Ex. P-7 FIR. He took lip investigation in this case; visited Shakhapur village and the well in question situate in the agricultural field of one Kammari Balaswamy. Having found the dead body of the deceased in the well, he got it removed from out of the well and then sent requisition to P.W. 10 the Mandal Revenue Officer, Who conducted inquest over the dead body of the deceased pursuant to the said requisition in the presence of P.W.8 and other inquestdars and Ex. P-4 inquest report was drafted there. The inquestdars opined that the deceased died due to drowning in the well, P.W.11 thereafter sent the dead body to P. W. 9 the Doctor for conducting autopsy and accordingly P.W.9 conducted post-mortem examination and issued Ex. P-5 postmortem certificate. P.W. 9 opined that the deceased died due to asphyxia due to drowning about two to five days prior to the autopsy. P.W. 11 found all the accused absconding from the village.

6. P.W.12 took up further investigation in this case and eventually laid the charge-sheet against the accused.

7. As aforesaid, the prosecution examined as many as twelve witnesses and got Exs. P-1 to P-7 marked. None was examined on the side of the accused when called upon to enter upon their defence and no documents were got marked on their side.

8. After considering the evidence on record both oral and documentary and having heard on either side the learned Additional Sessions Judge found all the accused guilty of the charge under Sec. 304-B of the IPC an