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K. SURENDER
Patolla Mahender Reddy – Appellant
Versus
State of Andhra Pradesh, Rep. by Public Prosecutor – Respondent
JUDGMENT:
This Criminal Appeal is filed by the appellant/A1 aggrieved by the conviction recorded by the III Additional District and Sessions Judge (FTC) at Medak, in S.C.No.30 of 2007 dated 25.11.2008, for the offences punishable under Section 304-B of Indian Penal Code, and sentenced to Rigorous Imprisonment for a period of seven years.
2. Briefly, the case of the prosecution is that the appellant’s marriage was performed with the deceased who is the daughter of PW1 on 20.05.2005. At the time of marriage Rs.5 lakhs cash, 25 Tulas of gold and 100 tulas of silver and other articles were given towards dowry. It is further alleged that this appellant and his relatives A2 to A4 started harassing the deceased for additional dowry. Two months prior to her death, she was sent out of the house on the ground that additional dowry was not given. On 20.05.2006, PW1 along with other relatives went to the house of appellant and gave Rs.50,000/- cash, however, there was a demand for additional dowry of Rs.2 lakhs. PW1 assured that he will pay the same after harvest of the crop and requested not to harass the deceased. On 19.06.2006, the deceased called PW9 who is her brother, over phone, and inf
The central legal point established in the judgment is the requirement for specific allegations and reliable evidence to prove demand of dowry and ill-treatment in cases under Section 304-B IPC.
The judgment establishes the principle that unimpeachable evidence is required to prove dowry demand, and suspicion cannot substitute legal proof in criminal cases.
Demand for reimbursement of marriage expenses does not constitute dowry under the Dowry Prohibition Act, and there must be evidence of harassment for dowry in proximity to the death of the deceased t....
(1) In order to presume dowry death, it is a condition precedent that there must be unimpeachable evidence in relation to dowry demand.
(2) Cruelty and dowry death – Something more than mere suspi....
Conviction under Section 304B set aside due to lack of evidence for dowry demand; conviction under Section 302 upheld based on established homicide.
The prosecution must prove that the deceased was subjected to cruelty or harassment for dowry soon before her death to establish guilt under Sections 304B and 498A IPC.
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