IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C.V. NAGARJUNA REDDY, GUDISEVA SHYAM PRASAD, JJ.
Mandade Rajender (A-1), S/o. Shankar & Ors. - Petitioners
Versus
The State of Andhra Pradesh - Respondents
Crl.A.No.1151 of 2011
Decided On : 25-07-2018
C.V. NAGARJUNA REDDY, J.
1. The accused No.1 and 2 in Sessions Case No.285 of 2010 on the file of the III Additional Sessions Judge (FTC) at Asifabad, filed this criminal appeal against judgment dated 30.09.2011, whereby they were convicted for the offence punishable under Section 302 I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.1000/- and in default of payment, to undergo rigorous imprisonment for one month and also for the offence under Section 498-A I.P.C. and sentenced to undergo imprisonment for six months and to pay a fine of Rs.500/- and in default of payment, to undergo simple imprisonment for one month.
2. The case of the prosecution in brief, is stated as hereunder:
Accused No.1 was the husband, accused No.2 was the mother-in- law and accused No.3 was the sister-in-law of the deceased. On 19.05.2006, the accused got married to the deceased and her father gave Rs.80,000/- net cash and Rs.50,000/- worth household articles as dowry, as demanded by the accused. The accused and the deceased lived happily for 3 months but later, accused Nos.1 to 3 started harassing the deceased for additional dowry of Rs.1 lakh. That about one year prior to the incident, the deceased was sent to her parent’s house by A1 and A2; that a panchayat of the caste elders was held, where the accused demanded additional dowry of Rs.1 lakh, whereupon, the deceased lodged a complaint against the accused for domestic violence and that later, on the assurance given by A1 and A2 to look after the deceased well, the parents of the deceased sent back the deceased to the house of the accused and the domestic violence case was compromised in the court. That, on 10.10.2009 at about 1900 hours, A1 and A2 again harassed the deceased and insisted her to bring additional dowry from her parents and when the deceased refused to do so, A1 and A2 forcibly administered poison into her mouth and killed the deceased, carried her dead body by an auto-rickshaw of LW-9, stating that the deceased consumed poison and pretended that they were carrying her for treatment to the hospital, but after some time, brought her back to the house, saying that she died.
That, LW-1, the father of the deceased, gave a complaint about the death of his daughter. LW27, the Sub-Inspector of Police, P.S. Kaghaznagar, registered a case in Crime No.74 of 2009 u/s. 304(B), 302 r/w. 34 IPC, issued express FIRs and requisitioned to LW.26, the Tahsildar of Kaghaznagar to visit the scene of offence and conduct inquest over the dead body of the deceased. Subsequently, LW-28, the then Sub-Divisional Police Officer, Kaghaznagar, investigated into the case. That during the course of investigation, LW-28 visited Burdaguda and examined the complainant/LW-1 and recorded his statement u/s. 161 Cr.P.C. He has also examined and recorded the statements of witnesses LW-2 to 20 u/s. Sec.161 Cr.P.C. at the scene of offence at the house of A1 and A2 at Bareguda, conducted scene of panchanama before the mediators LWs. 21 to 23 and seized one poison plastic container containing some quantity of liquid object nearby the scene of offence, under the cover of panchanama before LWs.21 to 23 and has drawn rough sketch of the scene of offence. That, LW-26, who conducted inquest over the body of the deceased, seized the clothes of the deceased and tied cloth pieces in the presence of the mediators LWs.21 to 23 and sent the dead body of the deceased to Government hospital Sirpur-T for autopsy; that LWs.24 and 25 conducted autopsy over the dead body of the deceased and preserved the viscera for chemical analysis; that the material objects seized, were sent to the Assistant Director, RFSL, Karimnagar, for examination and basing on his chemical analysis report, LWs.24 and 25 issued final opinion as to the cause of death as due to Organophosphate insecticide poisoning.
That, during the investigation, LW-28 apprehended accused Nos. 1 and 2 and brought them to PS Kaghaznagar-R on the same day of th
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