IMPORTANT POINT
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 culpability by producing evidence or eliciting facts in their favor.

JUDGMENT

VENKATA JYOTHIRMAI PRATAPA,J. - Impugning the judgment of conviction and sentence dtd. 16/2/2016 in S.C. No.163 of 2014 on the file of Family Courtcum-III Additional District and Sessions Judge, Vizianagaram, the present Criminal Appeal is filed.

2. The gravamen of the charges framed against the accused are under Ss. 498-A, 306, 304-B, 302 of Indian Penal Code (for short 'I.P.C.') and Ss. 3 & 4 of Dowry Prohibition Act (for short 'D.P. Act').

3. Accused No.1 (A-1) is the husband of the deceased. Accused No.2 (A-2) is the mother of A-1. After full-fledged trial, the learned trialJudge found A1 i.e., the appellant herein, guilty for the charge under Sec. 304-B of I.P.C. Accordingly, he was sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.2000.00 and in default, to suffer simple imprisonment for a period of two months.

4. As A-1 was convicted for the offence punishable under Sec. 304-B of IPC, it is necessary to look into the charge against him.

"On 3/5/2014 at about 10.19 P.M., A1 being the husband of the deceased caused death of the deceased - Ponnada @ Tholeti Sowjanya within seven (7) years of her marriage, subjecting her to cruelty and harassed her both mentally and physically by demanding her to bring additional dowry from her parents. On receipt of information through phone, her parents went to Maharaja Government Hospital, Vizianagaram. Thereby the appellant committed the offence which is punishable under Sec. 304-B of IPC".

Case of Prosecution

5. The case of the prosecution emanated from the evidence of the witness in brief is that;

A. Deceased/Sowjanya was married to A-1/Tholeti Shiva Kumar (her maternal uncle) on 15/2/2012 at Mindi in Gudivada Appanna Kalyana Mandapam. The bride was pursuing 2nd year Engineering course at the time of marriage and she was married pursuant to assurance to continue studies. Deceased's parents gave dowry of Rs.1,50,000.00, one tula of gold chain, 1/2 tula of gold ring and presented saare samans worth Rs.30,000.00. P.W.3 acted as elder to the marriage.

B. After the marriage, deceased joined A-1 and lived happily for 6 months. Thereafter, A-1 started to harass the deceased for additional dowry. The deceased used to inform her parents through phone about the harassment she faced from her husband but her parents used to convince her to adjust and continue the marital life with him. Parents of the deceased bore all the educational expenses of deceased even after the marriage.

C. On 3/5/2014 at about 6.30 P.M., the deceased contacted her mother i.e., P.W.1 over phone and chit-chatted for some time calmly. At about 10.30 P.M., P.W.6 who is the elder brother of PW.1 called her over phone and informed that the deceased Sowjanya fell seriously ill and was admitted at Maharaja Government Hospital, Vizianagaram. As P.W.1 along with her husband rushed to the hospital, they found the body of the deceased in the mortuary. A-1 neither gave any information of the deceased to her parents nor was present at the mortuary.

D. The parents wept the entire night at the mortuary beside the dead body of their dear daughter and on the next morning, PW.1 presented report under Ex.P1. that the deceased is a daring girl and she strongly opined that her son-in-law i.e., A1 killed her daughter and placed the dead body in the mortuary to screen away the evidence.

E. Basing on the report of PW.1 i.e., Ex.P1, PW.14 - S.I. of Police registered the case as Cr. No.107/2014 for the offences punishable under Ss. 304-B, 498-A r/w.34 of IPC under Ex.P5. PW.15 - Inspector of Police, took up investigation in this matter, conducted inquest over the body of the deceased on 4/5/2014 through PW.13 Mandal Executive Magistrate in the presence of PWs.7 and 8. PW.15 got photographed and videographed the scene through PWs.9 and 10 respectively.

F. After the inquest, he observed the scene of offence, prepared rough sketch in the presence of mediators. PW.15 after conducting inquest over the dead body