Point of law: To indicate that the expression 'soon before' would normally implied that the interval should not be much between the concerned cruelty or harassment and the death in question. There must be existence of a proximate and live-link between the affect of cruelty based on dowry demand and the concerned death

JUDGMENT :

G. Sri Devi, J.

1. Accused No. 1, in Sessions Case No. 178 of 2016 on the file of the Judge, Family Court-cum-VI-Additional District and Sessions Judge, Nalgonda, is the appellant herein. He along with two others, were charged for the offences punishable under Sections 498-A, 302, 304-B of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961. By its judgment, dated 30.12.2019, the learned trial Judge while acquitting A-2 and A-3 for the offences punishable under Sections 498-A, 304-B of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961 and A-1 for the offence punishable under Section 302 of I.P.C., convicted A-1 for the offences punishable under Sections 304-B, 498-A of I.P.C. and Section 4 of the Dowry Prohibition Act, 1961 and sentenced him to suffer rigorous imprisonment for seven years for the offence punishable under Section 304-B of I.P.C. and to suffer rigorous imprisonment for two years and to pay a fine of Rs. 2,000/-, in default, to suffer simple imprisonment for two months, for the offence punishable under Section 498-A of I.P.C. and also to suffer rigorous imprisonment for one year and to pay a fine of Rs. 2,000/- in default, to suffer simple imprisonment for two months, for the offence punishable under section 4 of the Dowry Prohibition Act, 1961. All the sentences were directed to be run concurrently.

2. The case of the prosecution, according to the evidence let in during the course of trial, is that one Ashwini (hereinafter referred to as "the deceased") was the elder daughter of P.W. 1-Mididoddi Ramachandru and she was given in marriage to A-1 three years prior to the date of offence. At the time of marriage, P.W. 1 presented cash of Rs. 4.00 lakhs, 5 ½ tulas of gold ornaments and other household articles. Immediately after the marriage, the deceased was taken to the house of the accused and there, A-1 and the deceased lived happily for four months and thereafter, A-1 to A-3 started harassing the deceased for additional dowry of Rs. 2.00 lakhs and one motorcycle. On the demand made by A-1 to A-3, P.W. 1 informed to the deceased and A-1 to A-3 that he will arrange the additional dowry of Rs. 2.00 lakhs and motorcycle to A-1 at the time of Sankranthi festival. Three days thereafter, P.W. 1 received a phone call from the younger brother of A-1 that the deceased fell down from the motorcycle and received injuries and she was admitted in Kamineni Hospital, Narketpally and immediately, P.W. 1, P.W. 2 and P.W. 5 went to Kamineni Hospital, Narketpally, but they did not find the deceased in the hospital. The R.M.P. doctor of Korlapahad Village, informed them that the deceased was shifted to the Government Hospital, Nakrekal, then they went there and found the dead body of the deceased with injuries on the right shoulder and chest.

3. On 09.11.2013, P.W. 1 lodged a report (Ex. P1) with P.W. 26-the then Assistant Sub-Inspector of Police. Basing on the said report, P.W. 26 registered a case in Crime No. 157 of 2013 for the offences punishable under Sections 302 and 498-A of I.P.C. and issued Ex. P24-First Information Report. He recorded the statement of PW. 1 and sent the F.I.R. to all the concerned. On receipt of the First Information Report, P.W. 27-the Inspector of Police, took up investigation and proceeded to the Primary Health Centre, Nakrekal, conducted inquest over the dead body of the deceased in the presence of P.Ws. 19 to 22. Ex. P18 is the inquest report. During the inquest, P.W. 12 (trained constable) photographed and videographed the dead body and P.W. 19 seized M.Os. 1 to 4 in the presence of P.Ws. 16 and 20. Thereafter, P.W. 27 proceeded to the scene of offence, prepared a panchanama of the scene of offence in the presence of P.Ws. 17 and 18 and also prepared a rough sketch of the scene of offence, which are placed on record as Exs. P26 and P27. He examined and recorded the statements of P.Ws. 5 and 6 at the scene of offence. Later, the dead body was sent to Community Health Ce