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2018 Supreme(AP) 898

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C.V. NAGARJUNA REDDY, K. VIJAYA LAKSHMI, JJ.
Dhanwada Rajeswara Rao - Appellant
Versus
State of A.P. - Respondent
Criminal Appeal Nos. 592, 638 and 876 of 2011
Decided On : 13-07-2018

Advocates Appeared:
For the Appellant : Milind G. Gokhale and H. Prahlada Reddy.
For the Respondents: Milind G. Gokhale and Public Prosecutor.

Headnote:

Indian Penal Code – 201, 302, 306, 498-A – Criminal Procedure – Section 174 – Dimand of Dowery – Husband or relatives of husband of women subjected her cruelty – Appeal against common judgment to extent it pertains to Sessions Case – accused Nos. 1 to 4 tried to give colour to death of deceased as if she committed suicide, tried to conceal evidence and shifted her dead body to their native village and also tried to complete funeral of deceased – Held, Prosecution has to allege and prove that deceased has committed suicide as consequence of instigation or in pursuance of conspiracy, or aid which constitutes abetment, except alleged harassment, no witness spoke about accused instigating deceased or entering into any conspiracy, or aiding deceased to commit suicide, Court below fell into serious error in holding appellants guilty of offence under Section 306 IPC and accordingly sentencing them – Appeal dismissed. (Para 22, 24)

Facts of the case:

Dimand of Dowery – Husband or relatives of husband of women subjected her cruelty – Appeal against common judgment to extent it pertains to Sessions Case – accused Nos. 1 to 4 tried to give colour to death of deceased as if she committed suicide, tried to conceal evidence and shifted her dead body to their native village and also tried to complete funeral of deceased.

Findings of the court:

Prosecution has to allege and prove that deceased has committed suicide as consequence of instigation or in pursuance of conspiracy, or aid which constitutes abetment, except alleged harassment, no witness spoke about accused instigating deceased or entering into any conspiracy, or aiding deceased to commit suicide, Court below fell into serious error in holding appellants guilty of offence under Section 306 IPC and accordingly sentencing them.

Result : Appeal dismissed

JUDGMENT :

C.V. Nagarjuna Reddy, J.

1. As these three appeals are interrelated, they are being heard and disposed of together.

2. The de facto complainant - P.W. 1 filed Criminal Appeal No. 876 of 2011 against the common judgment dt. 26.05.2011 to the extent it pertains to Sessions Case No. 48 of 2005, accused No. 1 filed Criminal Appeal No. 592 of 2011 against the same common judgment, qua Sessions Case No. 530 of 2003, and accused Nos. 2 to 4 filed Criminal Appeal No. 638 of 2011 also against the said common judgment.

3. The case of the prosecution in Sessions Case No. 530 of 2003 is briefly stated hereunder.

    (a) That the marriage of one Sujatha (hereafter referred to as "the deceased") was solemnized with accused No. 1 on 17.05.1997 at Kurnool, that at the time of marriage P.W. 1, the father of the deceased fulfilled the requirements as per the demand of accused Nos. 1 to 4, that accused No. 1 was working in the Office of the Director General and Inspector General of Jails, at Hyderabad, and that after the marriage the deceased joined with accused No. 1 and resided at Kamalanagar in Vanasthalipuram. That accused No. 1 is no other than the nephew of P.W. 1, that the couple led a happy life for about three years, and that as the deceased did not beget children the accused used to harass, ill-treat and humiliate her with an intention to perform another marriage to accused No. 1. That the deceased used to express her sufferings to her parents, that P.W. 1 advised accused No. 1 to go for medical check up along with the deceased, but accused Nos. 1 to 4 did not heed to the advice of P.W. 1, and continued to harass and ill-treat the deceased, that the deceased was not even permitted to attend the phone calls, all of which caused humiliation to the deceased. That on 24.07.2002, the deceased sustained injuries and the injuries found on the person of the deceased proved that she was beaten up severely with the belt of accused No. 1 and that consequent on the same, the deceased got humiliated, resorted to put an end to her life, and committed suicide by hanging with the help of a rope at their residence. That accused Nos. 1 to 4 tried to give colour to the death of the deceased as if she committed suicide, tried to conceal the evidence and shifted her dead body to their native village Pedda Dhanwada of Mahaboobnagar District and also tried to complete the funeral of the deceased.

(b) That on 25.07.2002 at about 06.30 Hours P.W. 1 lodged a complaint before P.W. 13 - Sub-Inspector of Police, Rajoli Police Station, Mahaboobnagar District, stating that on 24.07.2002 night at about 10.00 p.m. one Ramana Murthy of Hyderabad informed him through telephone that his daughter Sujatha (hereinafter referred to as "the deceased") died and the dead body was being shifted to Pedda Dhanwada Village, and that he asked the said Ramana Murthy to keep the dead body there as they would go to bring the same. That P.W. 1 expressed suspicion on the death of the deceased and requested to take necessary action.

(c) That as per the contents of the aforesaid complaint, P.W. 13 registered the case in Crime No. 11 of 2002, under Section 174 Cr.P.C. (suspicious death) and during the course of the investigation, he examined P.Ws. 1, 2 and 8, and L.W. 3 (B. Ramana Murthy) and L.W. 5 (Ketharaju Swamy), recorded their statements and got photographed the dead body of the deceased by P.W. 6. That P.W. 7 - Mandal Revenue Officer, Waddepalli Mandal, held inquest over the dead body of the deceased and sent the same for post-mortem examination to the Government Civil Hospital, Alampur, where L.W. 19 (Dr. K. Saroja Bai) - Deputy Civil Surgeon and P.W. 12-Civil Assistant Surgeon of the Hospital, held autopsy. The Medical Officers opined that the death of the deceased was "due to asphyxia due to hanging" and on receipt of the opinion, P.W. 13 altered the case from Section 174 Cr.P.C. to Section 306 IPC and subsequently he arrested accused No. 1, recorded his confession and at his ins

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