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2017 Supreme(AP) 437

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
SANJAY KUMAR, T. AMARNATH GOUD, JJ.
Madasu Rambabu - Appellant
Versus
The State of A.P., rep. by Public Prosecutor - Respondent
CRIMINAL APPEAL NO. 315 OF 2011
Decided On : 26-10-2017

Advocates Appeared:
For the Appellant : Sri P. Prabhakar Reddy

Headnote:

Indian Penal Code, 1860 – Section 302 , Section 498-A – Demand of Dowry – Offence of Murder – Burden of proving the death of a woman within seven years – Sub-Inspector of Police received telephonic information and visited the house of P.W.1, the father of the deceased, where he received Ex.P1 report. Therein, P.W.1 spoke of the marriage of the deceased, his second daughter, with the accused and her harassment thereafter by the accused on suspicion and for a motorcycle and cash. He stated that he had given Rs.1,00,000/- in cash and three tulas of gold before the marriage and he again gave Rs.50,000/- for purchase of a motorcycle by the accused. He adverted to the case filed by him under the Protection of Women from Domestic Violence Act, 2005, which was thereafter compromised. He stated that since February, 2008, his deceased daughter and the accused were living in the two rooms on the rear side of his house along with their child. On 18.11.2008 at about 9.30 PM, his deceased daughter and the accused slept in their portion and at about 6.30 AM, when his wife was cleaning the house premises, she found the body of the deceased in the water tank – Held, initial burden of proving the death of a woman within seven years of her marriage in circumstances that are not normal is on the prosecution; such death should be in connection with or for a demand of dowry which is accompanied by such cruelty or harassment that eventually leads to the woman’s death in circumstances that are not normal and after the initial burden of a deemed dowry death is discharged by the prosecution, a reverse onus is put on the accused to prove his innocence by showing, inter alia, that the death was accidental - Appellant/accused was never charged with an offence under Section 304B IPC and did not have an opportunity to rebut the statutory presumption that would weigh against him if the death of his wife is treated as a dowry death, it would be appropriate that the Sessions Court frame the charge at least at this stage and give him an opportunity to meet it –Appeal allowed

JUDGMENT :

Sanjay Kumar, J.

1. Madasu Nirmala Kumari was found dead in the early hours of 19.11.2008 in the sump at her house at Cheruvu Bazar, Khammam. Her husband, Madasu Rambabu, was charged with her murder, punishable under Section 302 IPC, in Sessions Case No. 241 of 2010 on the file of the learned Principal Sessions Judge, Khammam. He was also charged under Section 498-A IPC of committing the offence of demanding additional dowry of Rs.50,000/- and a motorcycle. By judgment dated 21.02.2011, the Sessions Court held him guilty on both charges and sentenced him to life imprisonment apart from paying a fine of Rs.100/-, in default of which he was to suffer rigorous imprisonment for one month, for his conviction under Section 302 IPC and to rigorous imprisonment for one year apart from paying a fine of Rs.1,000/-, in default of which he was to suffer rigorous imprisonment for three months, for his conviction under Section 498-A IPC. Aggrieved thereby, Madasu Rambabu, the accused, is in appeal under Section 374(2) CrPC.

2. The history of the case, in brief, is as under:

The Sub-Inspector of Police, Khammam I Town (P.W.12), received telephonic information at about 8.30 AM on 19.11.2008 and visited the house of P.W.1, the father of the deceased, where he received Ex.P1 report. Therein, P.W.1 spoke of the marriage of the deceased, his second daughter, with the accused on 10.09.2004 and her harassment thereafter by the accused on suspicion and for a motorcycle and cash. He stated that he had given Rs.1,00,000/- in cash and three tulas of gold before the marriage and he again gave Rs.50,000/- for purchase of a motorcycle by the accused. He adverted to the case filed by him under the Protection of Women from Domestic Violence Act, 2005, which was thereafter compromised. He stated that since February, 2008, his deceased daughter and the accused were living in the two rooms on the rear side of his house along with their child. On 18.11.2008 at about 9.30 PM, his deceased daughter and the accused slept in their portion and at about 6.30 AM, when his wife was cleaning the house premises, she found the body of the deceased in the water tank. He said that they found their grand- daughter crying in the room and the accused was not to be seen anywhere. His motorcycle was also missing. P.W.1 stated that the accused had left his wet clothes, changed his dress and had run away. He prayed that necessary action be taken.

3. Thereupon, P.W.12 registered Crime No.248 of 2008 under Section 302 IPC. Ex.P13 is the FIR. He again visited the scene of the offence where he filled in the Crime Details Form and drew up a rough sketch in the presence of mediators. Ex.P4 is the Crime Details Form along with the rough sketch. He seized the shirt and pant (M.Os.1 and 2) found near the water sump. He got photographed the body of the deceased. Ex.P2 is the set of photographs with negatives. He sent for the Tahsildar, Khammam, and upon arrival, the Tahsildar conducted an inquest over the dead body. The body was then sent to the Government Hospital, Khammam, for post-mortem examination. P.W.12 drew a water sample from the sump for diatom test. He also recorded the statements of P.Ws.1 to 5 on the same day. He then handed over the case to the In-charge Station House Officer, Women Police Station, for further investigation. The DSP (Trainee), Khammam (P.W.13), then took up investigation. On 04.12.2008, she examined P.W.6 and P.W.10. She collected Ex.P12 medical certificate of the accused from P.W.10. On 16.12.2008, the accused surrendered before her. He was arrested and remanded to custody. The investigation was then continued by the Circle Inspector of Police, Khammam Town (P.W.14). He obtained the post-mortem examination report (Ex.P7), F.S.L. reports (Exs.P8 and 11), a report from Siddhartha Medical College (Ex.P9) and the final opinion on the post-mortem examination (Ex.P10). After completion of the investigation, he laid the charge sheet. The charges framed by the




































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