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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.V. RAVINDRA BABU, J.
Vadde Bellam Srinivasulu, S/o. Venkaramudu - Petitioner
Versus
The State Of A.P., Rep By Its PP. Hyd. - Respondent
Criminal Appeal No. 1360 Of 2010
Decided On : 20-12-2023
Dowry Harassment - Indian Penal Code - Section 304-B - [304-B of IPC] - The judgment discusses the prosecution's case of dowry harassment leading to the death of the deceased. The court found the appellant guilty of the charge under Section 304-B of IPC, while acquitting the other accused. The court analyzed the evidence, including witness testimonies and medical reports, to establish the proximity of the harassment to the death and the live link between the cruelty and the consequential death. The court dismissed the appeal and confirmed the conviction and sentence of the appellant.
Fact of the Case:
The case involved the death of a woman within seven years of her marriage, allegedly due to dowry harassment by the appellant and other accused. The prosecution presented evidence of demands for additional dowry, physical and mental harassment, and the deceased's subsequent suicide. The court found the appellant guilty of the charge under Section 304-B of IPC, while acquitting the other accused. The main issue was whether the prosecution proved the proximity of the harassment to the death and the sustainability of the judgment.
Finding of the Court:
The court found the appellant guilty of the charge under Section 304-B of IPC, based on the evidence of demands for additional dowry, physical and mental harassment, and the deceased's subsequent suicide. The court also noted the lack of specific overt acts against the acquitted accused. The judgment was found to be sustainable under law and facts, and there were no grounds to interfere with the same.
Issues: The main issues were whether the prosecution proved the proximity of the harassment to the death and the sustainability of the judgment. The court also considered the lack of specific overt acts against the acquitted accused.
Ratio Decidendi: The court applied the legal provisions of Section 304-B of IPC and Section 113-B of the Indian Evidence Act to establish the live link between the cruelty and the consequential death. The court also considered the absence of specific overt acts against the acquitted accused in reaching its decision.
Final Decision: The court dismissed the appeal, confirming the judgment of the trial court and directing compliance with the sentence imposed against the appellant.
JUDGMENT :
Challenge in this Criminal Appeal is by the unsuccessful A.1 to the judgment, dated 09.11.2010 in Sessions Case No.618 of 2007, on the file of I Additional Sessions Judge, Anantapur (“Additional Sessions Judge” for short), whereunder the learned Additional Sessions Judge exonerated A.2, A.3 and A.4 of the charge under Section 304-B of the Indian Penal Code (“I.P.C.” for short), but found the present appellant, who was A.1, guilty of the charge under Section 304-B of I.P.C., convicted him under Section 235(2) of the Code of Criminal Procedure (“Cr.P.C.” for short) and after questioning him about the quantum of sentence, sentenced him to suffer rigorous imprisonment for eight years.
2. The parties to this Criminal Appeal will hereinafter be referred to as described before the learned Additional Sessions Judge for the sake of convenience.
3. The Sessions Case No.618 of 2007 arose out of a committal order in P.R.C.No.100 of 2007, relating to Crime No.77 of 2006 of Itikalapally Police Station.
4. The case of the prosecution, in brief, according to the charge sheet, is as follows:
(ii) On 11.05.2005 the marriage of the deceased was performed with A.1 as per Hindu rites and customs. At that time, the father of the deceased gave 10 tulas of gold and net cash of Rs.50,000/- as dowry to the accused. After the marriage, A.1 to A.4 and the deceased lived happily for three months at Mannela Village. Thereafter, A.1 to A.4 started harassing the deceased physically and mentally. They used to beat her to get Gas stove, Cell phone, Maxi, T.V. from her parents. At request of deceased, the complainant gave the household articles to the accused. The accused also demanded money for purchase of a tractor from the complainant through the deceased. When the deceased was sixth month pregnancy, her mother L.W.2-Pushpavathi went to the house of accused at Mannela village to bring the deceased to their house for delivery but, the accused refused to send her stating that no other person was available in their house to do household work.
(iii) On 01.10.2006 at about 6-00 p.m., the deceased along with her three months baby visited their house weeping and informed her parents that her husband A.1 sent her away. After three hours A.1 to A.4 visited his house and threatened them to send their daughter back to the house of the accused by paying additional dowry and that if they did not send her, they would perform second marriage. They also leveled allegation against the deceased that she committed theft of Rs.50,000/-from their house. On 02.10.2006 complainant and his wife took their daughter to the house of accused and left her there. One week prior to the death of the deceased, she informed her mother over telephone that on 19.10.2006 A.1 to A.4 beat her with sticks and also kicked her for not getting money as demanded by them for purchasing a tractor and that she sustained an injury on her head and fell unconscious. She also revealed that her mother-in-law (A.2) took her to Dr. Suhasini (L.W.8) and got her treated. Unable to bear the harassment for additional dowry by the accused, the deceased consumed pesticide poison and while she was being shifted to Government Hospital, Anantapur, she died on the way.
(iv) On 02.11.2006 at 11-30 p.m., A.3-father-in-law of the deceased, informed about the death of his daughter to the complainant (L.W.1). Basing on the report of L.W.1, father of the deceased, S. Ghouse Mohiddin, HC 726 of Itikalapalli Police Station registered the case in Crime No.77 of 2006 under Sections 498-A and 304-B of I.P.C. The Sub Divisional Police Officer, Anantapur investigated into the offence.
(v) On 03.11.2006 the Mandal Revenue Officer, Anantapur Rural, held inquest over the dea
The main legal point established in the judgment is the application of Section 304-B of IPC and Section 113-B of the Indian Evidence Act to establish the live link between dowry harassment and the co....
The court established that the accused's demand for additional dowry and the resulting harassment led to the victim's death, satisfying the criteria for dowry death under IPC Section 304-B.
The prosecution established that the accused subjected the deceased to continuous harassment for dowry, leading to her suicide within seven years of marriage, warranting conviction under Section 304-....
The judgment reaffirms the legal principle that the prosecution must prove the essential ingredients of dowry death under Section 304-B of IPC and can strengthen its case with the statutory presumpti....
Conviction upheld - Dowry death - there was persistent demand of dowry made by accused from the victim who was used to subjected to cruelty and harassment for such demand and ultimately she had ended....
The prosecution categorically established the charges under Sections 498-A and 304-B IPC against the appellant beyond reasonable doubt.
The burden lies on the prosecution to establish the ingredients of Sec. 304-B, and once proved, the presumption under Sec. 113-B comes into play. The accused can then attempt to displace the deemed c....
The court established that the elements of dowry harassment and subsequent suicide were proven, justifying the conviction under Sections 498-A and 304-B IPC.
The court mandated that for a conviction under Section 304-B IPC, the prosecution must demonstrate a proximate link between cruelty and the death, which was found lacking in this case.
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