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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
C. Praveen Kumar, B. Krishna Mohan, JJ.
Mane Naga Narasimha Rao – Appellant
Versus
State of A.P. and Ors. – Respondents
Criminal Appeal No. 1144 of 2014
Decided On : 27-08-2021
Criminal Procedural Code, 1973 - Section 207, 209, 313 – Indian Penal Code, 1860 - Section 306 r/w 34, 304B, 498A - Indian Evidence Act, 1872 - Section 106, 113A, 113B - Criminal Appeal - Abetment of suicide – Dowry death - Husband or relative of husband of a woman subjecting her to cruelty - Accused caused death of (deceased), by smothering her and also causing a blunt injury on her face with an intention to cause her death - Thereafter in order to screen away evidence, all accused are alleged to have hanged body to picturise as if it is a case of suicide - Whether prosecution was able to bring home guilt of accused beyond reasonable doubt - Whether injuries are post mortem or ante mortem – Held, it appears that these witnesses failed to mention crucial facts, which we have referred to above, in their earlier statements before police and deposed for first time while giving evidence in court - Apart from that, as observed by us earlier, if really there was harassment right from date of marriage, which took place about 12 years ago, PW. 1, being a reporter and having acquaintance with police, could have as well raised a dispute before elders, but no such steps were taken - Having regard to evidence of doctor with regard to cause of death, nature of evidence of PW. 1 vis-a-vis Ex. P.1 report and statements before police during investigation and this being an appeal against an acquittal where scope of interference of this court is limited except when findings recorded by trial court are perverse or contrary to evidence, which is not so, court see no grounds to interfere with judgment under appeal - Criminal Appeal is dismissed.
JUDGMENT :
C. Praveen Kumar, J.
1. Assailing the judgment of acquittal dated 11.09.2014 passed in Sessions Case No. 536 of 2012 on the file of III Additional District Judge, West Godavari at Kovvur, the informant (PW. 1) preferred the present appeal.
2. Originally, A.1 to A.3 were tried for the offences punishable under Section 302 and 201 read with 34 IPC, on an allegation that on 04.07.2011 in the morning hours, all the accused caused the death of one Addanki Aruna Kumari (deceased), by smothering her and also causing a blunt injury on her face with an intention to cause her death; Thereafter in order to screen away the evidence, all the accused are alleged to have hanged the body to picturise as if it is a case of suicide.
3. The facts as culled out from the evidence of prosecution witnesses, are as under:
(ii) The marriage of A.1 with one Aruna Kumari (deceased) was performed about 12 years prior to the incident. It is said that ever since the date of marriage, A.1 was harassing his wife as he was addicted to vices like drinking and having extra marital relationship. The deceased used to inform such harassment on phone to her family members. However, PWs. 1 to 4 tried to convince A.1 not to harass the deceased and also advised the deceased to adjust with the situation.
(iii) About 8 months prior to the death of the deceased, A.1 met with an accident and sustained fractures to his hand and leg. Initially, he was treated as inpatient in a Hospital at Tanuku and after discharge he was advised to take bed rest in the house. The deceased served him during the said period. It is said that while taking rest, A.1 was harassing the deceased with offensive words. After his recovery, the parents of A.1 fell sick. The family members of the accused asked the deceased to serve them also, to which she refused. All the accused harassed her physically and mentally forcing her to serve their parents who were bed ridden. The deceased is said to have stated that since she served A.1 for a long time, she cannot serve any more and asked A.1 to send his parents to his brother's houses. All the accused replied that their parents will not go anywhere and asked the deceased to serve them. It was further alleged that on one occasion, A.2 threatened the deceased stating that if she does not serve, she would be killed and will perform the marriage of A.1 with another woman and get her services utilized.
(iv) On 04.07.2011, in the morning hours the deceased is said to have made a phone call to PW. 1 informing him about the harassment in the hands of the accused and asked him to come over to her place apprehending threat to her life. While they were preparing to go to Chagallu Village from Machilipatnam, A.1 telephoned to PW. 2 and informed that the deceased is unwell. PW. 2 informed the same to PW. 1 and others, on which PW. 1 in turn called A.1 who informed PW. 1 that the deceased became unconscious and when the doctor examined, her pulse was not felt. PW. 1 and other family members went to Chagallu by engaging a car to the house of A.1 and by the time they reached, the body of the deceased was lying in front of house of the accused. They noticed a press injury on the right side of the neck. The mother, elder sister-in-law and third sister-in-law of A.1 came out on seeing them. Thereafter, PW. 1 set the law in motion by lodging a report before PW. 16-the Head Constable of Chagallu police station, basing on which a case in Crime No. 67 of 2011 came to be registered for the offence punishable under Section 306 read with 34 IPC. Ex. P.16 is the original FIR.
(v) PW. 16 claims to have recorded the statement of PW. 1. Thereafter, he visited the house of A.1 an
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