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 presumption under Section 113-B of the Indian Evidence Act, 1872.

JUDGMENT :

Challenge in this Criminal Appeal is by the unsuccessful A.1 to the judgment, dated 09.11.2010 in Sessions Case No.340 of 2009, on the file of III Additional District & Sessions Judge, Kakinada (“Additional Sessions Judge” for short), where under the learned Additional Sessions Judge found the present appellant/A.1 guilty of the charge under Section 304-B of the Indian Penal Code (“IPC” for short), 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 10 (ten) years. By the said judgment, the learned Additional Sessions Judge found A.2 and A.3 not guilty of the charge under Section 304-B of IPC and further found A.4 and A.5 not guilty of the charge under Section 304-B r/w 34 of IPC and acquitted them under Section 235(1) of Cr.P.C. As against the acquittal of A.2 to A.5 as above, there is no appeal filed by the State.

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.340 of 2009 arose out of a committal order in P.R.C.No.21 of 2009, on the file of Additional Judicial First Class Magistrate, Peddapuram, relating to Crime No.61 of 2009 of Rangampeta Police Station.

4. The Sub-Divisional Police Officer, Peddapuram, filed a charge sheet in Crime No.61 of 2009 of Rangampeta Police Station alleging the offence under Section 304-B r/w 34 of IPC.

5. The case of the prosecution, in brief, according to the charge sheet filed by the Sub-Divisional Police Officer, Peddapuram, is as follows :

(i) One Kondru Sundara Mani (hereinafter will be referred to as “deceased”), aged 20 years, was no other than the wife of A.1. A.1 is son and A.4 and A.5 are the daughters of A.2 and A.3. The deceased is native of Kandrakota village of Peddapuram Mandal and she was only daughter of the de facto complainant by name Chinthada Laxmi (L.W.1). The father of deceased died about two years ago.

(ii) L.W.1 performed the marriage of deceased with A.1 on 14.06.2009 at the house of Accused at G. Donthamuru Village as per Hindu rites and caste custom in the presence of relatives and elders. At the time of marriage, she gave Rs.25,000/- towards dowry to A.1 out of agreed dowry of Rs.35,000/-, Rs.3,000/- towards adapadusu katnam to A.4 and A.5 and also gifted gold ring and gold chain to A.1. She presented a pair of gold ear studs, gold Sathamanam and a pair of silver anklets to the deceased. She sent the deceased to the house of accused to lead marital life. The deceased is blessed with a daughter by name Sirisha, now aged 2 years. All the accused started harassing the deceased by beating her for want of unpaid dowry of Rs.10,000/- and sent her to the house of L.W.1 thrice to bring the balance unpaid dowry of Rs.10,000/-. L.W.1 used to take the deceased to the house of accused by pacifying the accused and by assuring that she would give the balance of dowry within a few days. She left the deceased at the in-laws house. In April, 2009 A.3 took the deceased and her daughter to house of L.W.1 and left her by saying that she will be taken to her in-laws house whenever the unpaid dowry of Rs.10,000/- is paid to them. On 23.06.2009, L.W.3-Arasada Appala Konda and L.W.4-Kosuri Laxmi, who are the relatives of the deceased, took her to in-laws house as per the request of L.W.1 and informed to the accused that the due amount of Rs.10,000/- will be paid before 10.07.2009. On 01.07.2009 night A.1 and A.2 started harassment and beat the deceased on the plea that she did not prepare the fish curry properly which was witnessed by neighbourers. Harassment was continued in spite of the request made by L.W.1, L.W.3 and L.W.4. Accordingly, on 02.07.2009 at 1-00 p.m., the deceased committed suicide by hanging herself to a beam in the room of her in-laws for unbearable harassment made by the accused.

(iii) Basing