The main legal point established in the judgment is that to convict an accused under Section 304-B IPC, the prosecution must prove that the deceased was subjected to cruelty or harassment in connection with the demand for dowry soon before her death. The judgment also highlights the distinction between the offences under Section 304-B IPC and Section 498-A IPC, emphasizing the need for the prosecution to establish the specific elements of each offence.

JUDGMENT :

T. MALLIKARJUNA RAO, J.

1. Accused, in Sessions Case No. 138 of 2013 on the file of the learned VII Additional Sessions Judge, Ongole [for short “the trial Court”], is the appellant herein. He was tried for the offence punishable under Section 304-B of Indian Penal Code, 1860 [for short “I.P.C.”].

2. Vide Judgment, dated 21.01.2016, the learned Sessions Judge convicted the Accused under Section 235(2) of Cr.P.C. Accordingly, the accused was sentenced to undergo Simple Imprisonment for Seven (7) Years for the offence punishable under Section 304-B I.P.C.

3. For the sake of convenience, the parties will be referred to as arrayed before the trial Court.

4. The facts, as culled out, from the evidence of prosecution witnesses, are as under:

(a) P.W.1-Pokuri Chinnaiah, the father of the deceased-Kondamma, stated that the accused is the deceased's husband. He performed the deceased's marriage with the accused ten months before her death at Kanigiri Venkateswara Swami Temple. At the time of marriage, he presented Rs.50,000/- cash towards dowry and one gold ring ¾ savaras to the accused. The accused started harassing her physically by demanding money. The accused has all vices. At about noon, somebody near his house informed P.W.1 that his daughter had died by jumping into the well. According to P.W.1, the accused is responsible for the death of his daughter. He gave Ex.P1 report to the Police. Police examined him and recorded his statement.

(b) According to P.W.12-A. Subba Raju, Sub-Inspector of Police, that on 16.09.2012 at about 16:00 hours, P.W.1 came to the Police Station and gave a written report. Based on the same, he registered the case in Crime No. 130 of 2012 under Section 304-B I.P.C. of Kanigiri Police Station. Ex.P5 is the First Information Report.

(c) P.W.13-N. Ashok Kumar, Sub-Divisional Police Officer, Kandukur, stated that on 16.09.2012 at 6.00 P.M., he received a copy of F.I.R. in Crime No. 130/2012 under Section 304-B I.P.C. of Kanigiri Police Station and he took up investigation. Later, he visited the scene of offence and noted the features at the scene. From there he went to Area Hospital, Kanigiri and found the dead body of the deceased in Mortuary due to late night; he has not proceeded with further investigation. On 16.09.2012 he gave requisition to Tahsildar to conduct inquest over the dead body of the deceased and on 17.09.2012 the Tahsildar, Kanigiri held inquest over the dead body of the deceased. He enquired about the accused, and found that he was absconded from the village. On 17.09.2012 at 8.00 A.M., he secured the presence of P.Ws.8 and 9, observed the scene of the offence and, photographed the scene of offence, later prepared a rough sketch of the scene of offence. Ex.P16 is the rough sketch.

(d) P.W.8-S. Malakondeswara Rao, Village Revenue Officer, stated that on 17.09.2012 at about 8.00 A.M. Police called him to the scene of offence near the well of the S.C. colony of Sankhavaram Village. D.S.P. observed the scene of offence in his presence, and the presence of P.W.9. The D.S.P. took the ½ litre water from the well in a plastic bottle and also took photographs. Police drafted the scene observation report under Ex.P9. On the same day, the Tahsildar called him, P.W.7 and P.W.8 and also blood relatives of the deceased to the Mortuary and conducted an inquest over the dead body of the deceased. They opined that the deceased committed suicide due to the harassment of the accused for money.

(e) According to P.W.9-Kalukuri Velugondaiah, Village Revenue Officer, on 17.09.2012, the D.S.P., Kandukur called him to come to S.C. Colony in Sankhavaram Village near Thottibavi, and the D.S.P. observed the scene of offence in his presence and the presence of P.W.8. Police took photos of the scene of offence under Ex.P10. Later, they went to Mortuary Room and conducted the inquest over the dead body of the deceased and opined that the death occurred due to harassment of the accused. Ex.P11 is the inquest report.

(f) P