JUDGMENT :

G. Shyam Prasad, J.

1. This appeal is directed against the judgment dated 30.9.2014 in SC No. 325 of 2012 on the file of the Court of I Additional District and Sessions Judge, SPSR, Nellore.

2. The appellant/A1 was convicted for the offences under Sections 498-A, 302 and 201 IPC and sentenced to undergo rigorous imprisonment of three years and to pay a fine of Rs. 500/- for the offence under Section 498-A IPC in default of payment of fine, he shall undergo simple imprisonment for one month, and also sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- in default, to suffer simple imprisonment of one month, and also sentenced to undergo rigorous imprisonment for three years and pay a fine of Rs. 500/- for the offence under Section 201 IPC and in default to suffer simple imprisonment for one month.

3. The brief facts of the case of the prosecution are as follows:

4. The appellant is A1 in SC No. 325 of 2012. The deceased is the wife of A1 and their marriage took place about eight years prior to the death of the deceased. At the time of their marriage, the parents of the deceased gave an amount of Rs. 55,000/- and 20 sovereigns of gold. Out of their wedlock, they were blessed with two male children. The accused/A1 with the support of A2 has been harassing the deceased demanding additional dowry. On the date of offence i.e., on 8.5.2011 at about 6.00 p.m., a quarrel took place between A1 and the deceased and A1 beat her with stick. LWs. 9 and 20 witnessed the said incident. A1 with an intention to hide the offence, hanged the dead body of the deceased to the ceiling fan with the aid of the saree and raised hue and cry. On hearing the cries, LWs. 5 to 10 neighbours rushed to the house of the accused and they were informed that the deceased had committed suicide by hanging herself in the house by bolting the house door. LWs. 3 to 10 were there and found the dead body of the deceased, and placed it on the ground. LW 5 informed the incident to the father of the deceased. LW 1 alongwith LWs. 2 to 4 came to the scene of offence and found the dead body of the deceased and gave a report to the Dagadarthi Police, and it was registered as a case in Crime No. 36/2011 under Sections 498-A and 306 IPC. The Police, after completion of investigation, filed the charge-sheet before the Court of Additional Judicial Magistrate of First Class, Kowur. The learned Magistrate has committed the case to the Court of I Additional District and Sessions Judge, Nellore.

5. Based on the material available on record, the accused was examined under Section 239 Cr.P.C. and charges under Sections 498-A, 302 and 201 IPC were framed against the accused. The allegation against the accused is that on 8.5.2011 at about 6.00 p.m., in Ulavapalla Village, he subjected the deceased to cruelty and committed murder intentionally by beating her with stick and also tried to cause disappearance of the evidenced and thereby hanged the dead body of the deceased to the ceiling fan with her saree with an intention of screening the offence of murder. The accused denied the charges; pleaded not guilty of the offences and claimed to be tried.

6. The prosecution examined PWs. 1 to 9 and marked Exs. P1 to P15 documents, besides the case property MO 1. On behalf of defence, no witnesses were examined, but Exs. D1 to D7 were marked.

7. Heard arguments of both the Counsel.

8. Learned Counsel for the appellant mainly argued that this is a case of suicide. The deceased had died by hanging herself to the ceiling fan. The version of prosecution that this is a case of homicide is not proved by medical evidence. The injury on the forehead of the deceased is not supported by the inquest report. The inquest report does not disclose that the deceased had any injury on her forehead. Therefore, the medical evidence is not in accordance with the ocular evidence of the punch witness. It is further argued that A1, who is the mother of the deceased was acquitted, on the same allega