(1) The sole accused in SC No.167 of 2005 on the file of the I Addl. Metropolitan Sessions Judge, Hyderabad, is the appellant herein. The learned Judge tried the appellant for the offences punishable under Sections 304-B IPC and 12(1)(b) of the Passports Act, 1967 (for short "the Act"). During the course of trial, on behalf of the prosecution, PWs.1 to 12 were examined and Exs.Pl to P9 were marked. On behalf of the defence, DW1 was examined and Ex.D1 was marked. After analyzing both oral and documentary evidence and after hearing both sides, the trial Court found the accused guilty of the offences, and accordingly, convicted and sentenced him to undergo rigorous imprisonment for ten years for the offence under Section 304-B IPC, and also sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000.00 in default, to undergo simple imprisonment for three months, for the offence under Section 12(l)(b) of the Act.

(2) The graveman of the charge against the accused is that at Saleem Nagar Colony, Prasanth Nagar, Malakpeta, Hyderabad, the accused subjected his wife Smt. Aravindasree, hereafter called the deceased, to cruelty and harassed her for additional dowry, on account of which, her health got deteriorated and ultimately she died on 27/9/2001. Further, the charge against the accused is that while obtaining a passport, he suppressed his marital status and did not mention the name of his wife, the deceased, in the application.

For the sake of convenience, the parties will be referred to as they are arrayed in the Sessions Case.

(3) The case of the prosecution as culled out during the course of trial is as follows:

(i) PW1, a doctor by profession, is the father of the deceased. The marriage between the deceased and the accused was performed on 30/1/1998 and at the time of marriage, an amount of Rs.3 lakh in cash, 60 tulas of gold, 20 tulas of silver, one residential building situated at Saleem Nagar Colony, a Maruthi Car, and other household articles, were given by way of dowry. After the marriage, both of them lived together happily for a period of six months, and subsequently, the accused got a seat in M.S. Course at Gandhi Medical College, Hyderabad. After joining in the said course, he used to bring girl friends to the house and behave indecently with the deceased. Though the deceased objected the said conduct, the accused did not heed to her words and used to beat her mercilessly.

(ii) In the month of December, 1999 on a telephone call from the accused, PW1, father of the deceased, rushed to their house and found the deceased doused in kerosene and he was informed by the deceased that the accused was demanding an amount of Rs.10 lakh to go abroad. Then, PW1 expressed his inability to meet the said demand, and when he warned the accused that he would report the matter to the police, the parents of the accused requested him not to lodge a report with the police, and further, the accused promised PW1 stating that he would look after the deceased well. Thereafter, PW1 used to send money to the accused for family expenses, since the financial condition of the accused was very week.

(iii) In the month of February, 1999, the appellant obtained a passport and while making an application for passport, he suppressed his marital status stating that he is not married. As the accused was threatening the deceased that he would go abroad by leaving her, the said fact was brought to the notice of the passport authorities.

(iv) In the month of March, 2000 the accused came to his house in drunken condition and forced the deceased to consume alcohol and when she refused, he beat her mercilessly and further tried to kill her by pressing her face with a pillow. When the same was informed by the deceased to PW1, he took her to his house. But, again on the request of the parents of the accused and on their assurance that the accused will look after the deceased well, the deceased was sent back to the accused. In sp