IMPORTANT POINT
The absence of evidence demonstrating harassment for dowry demands precludes conviction under Section 304B IPC, and vague statements do not satisfy the requirements for Section 201 IPC.

JUDGMENT :

K. Sreenivasa Reddy, J.

Challenging the conviction and sentence passed in the judgment dated 09.03.2016 in Sessions Case No.288 of 2013 by the Sessions Judge, Mahila Court, Vijayawada (hereinafter referred to, as ‘the learned Sessions Judge’), accused Nos.1 and 2 preferred Criminal Appeal No.1088 of 2016 and Criminal Appeal No.286 of 2016, respectively.

2. Since both the Criminal Appeals arise out of the same judgment, the same are being disposed of, by this Common Judgment.

3. The parties are hereinafter referred to, as they were arraigned before the learned Sessions Judge.

4. Accused Ns.1 was tried for the offence punishable under Section 304B of the Indian Penal Code, 1860 (for brevity ‘IPC’), and accused No.2 was tried for the offence punishable under Section 201 IPC, by the learned Sessions Judge.

5. The substance of the charges as against the accused Nos.1 and 2 is that, prior to 26.09.2012 at Durga Agraharam, Karmikapuram, Vijayawada, accused No.1, being the husband of one Salle Pushpa (hereinafter referred to, as ‘the deceased’), subjected her to cruelty, harassment, humiliation, taunt her in connection with demand of additional dowry and abetted the commission of suicide and caused her death; that the accused No.2, being the sister-in-law of the deceased, on coming to know about commission of suicide by the deceased, went to her house, opened the house from backdoors, removed the chunny from the neck of the deceased with an intent to cause disappearance of evidence of the offence and threw outside and informed to P.W.1, mother of the deceased, that the deceased died due to fits.

6. The case of the prosecution, in brief, is as follows:

Accused Nos.1 and 2 are residents of Anaparthivari Street, Durga Agraharam, Vijayawada and all the material prosecution witnesses are residents of Sanjeevaiah Colony, Arundalpet, Vijayawada. P.Ws.1 and 2 are parents, P.W.3 is younger sister, P.W.4 is junior paternal uncle, P.W.5 is senior maternal aunt and P.W.6 is co-daughter-in-law, of the deceased. Accused No.1 is the husband, and accused No.2 is the sister, of the deceased. Accused No.2 is concubine of P.W.2.

Marriage between the deceased and accused No.1 was solemnized on 02.08.2012; at the time of marriage, parents of the deceased i.e. P.Ws.1 and 2, gave an amount of Rs.25,000/-, one gold chain, gold ring, watch, gold ear rings and silver anklets to the deceased in connection of marriage with accused No.1. Subsequent to the marriage, accused No.1 used to harass, humiliate, taunt and subject the deceased to mental and physical cruelty, demanding her to bring additional dowry of Rs.20,000/- from her parents; accused No.1 habituated to consume alcohol.

About one week prior to the death of the deceased, the deceased informed the cruel treatment of accused No.1 to P.W.1. Due to unbearable physical and mental cruelty of accused No.1, the deceased committed suicide in her matrimonial house on 26.09.2012. Thereafter, accused No.2 came to know about the suicide by the deceased, went to her house, opened the house from backdoors, removed the chunny from the neck of the deceased and with an intent to cause disappearance of evidence of the offence, threw it outside and informed to P.W.1 that the deceased died due to fits. Believing the version of accused No.2, P.W.1 gave Ex.P11-report to P.W.12, Sub-Inspector of Police, Suryaraopet Police Station, Vijayawada on 27.09.2012 at 4.30 p.m. Basing on the report, P.W.12 registered a case in Crime No.283 of 2012 under Section 174 CrPC and issued Ex.P12-FIR and submitted the copies of FIR to all the concerned. P.W.12 examined P.Ws.1 to 5 and recorded their statements. He secured the presence of mediators i.e. L.W.8/Abdul Ghani and L.W.9/Mohd. Rafi and got prepared Ex.P13-scene observation report.

On 28.09.2012, P.W.10, Deputy Tahsildar, Vijayawada secured the presence of P.Ws.7, 8 and L.W.12/G.Narasimha Rao and conducted inquest over the dead body of the deceased and got prepared Ex.P9-inquest report.