THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL APPEAL No.1270 of 2014

JUDGMENT:

This Criminal Appeal has been filed by the appellants/accused Nos.1 to 3 aggrieved by the judgment passed by the learned Metropolitan Sessions Judge, Cyberabad at L.B.Nagar, dated 25.11.2014, in S.C.No.671 of 2013, where under, the appellants were found guilty for the offence under Section 498-A of the Indian Penal Code, 1860 (for short 'IPC') and convicted and sentenced to suffer simple imprisonment for a period of three years and to pay fine of Rs.1,000/- by each of the appellant and in default, to suffer simple imprisonment for a period of one month each.

2. For the sake of convenience, the parties herein are referred to as they were arrayed before the trial Court.

3. The case of the prosecution in nutshell:

3.1. The de facto complainant lodged a complaint on 01.11.2009 stating that the marriage of his brother’s daughter, namely V. Kranti, was solemnized with accused No.1 on 03.05.2009. As V. Kranti was pursuing her B.Com final year at Eluru and accused No.1 was pursuing his B.Tech. final year at Hyderabad, they were living separately. V. Kranti used to visit her matrimonial home during festivals, holidays and other occasions. On 31.10.2009 at 7.30 A.M., he dropped V. Kranti at her matrimonial home in Hyderabad. On

01.11.2009, accused No.2 telephoned him and asked him to come immediately. When he reached their house, the accused informed him that V. Kranti had committed suicide by jumping from the 4^th floor. When he questioned them about the incident, they stated that they had no knowledge of how it happened and that they came to know about it only when their watchman informed them. It is further stated that for about four months prior to the incident, accused No.1 had been subjecting the deceased to mental and physical harassment for additional dowry and get money by selling Ac.5.00 of land. The deceased used to inform her mother about this harassment. In this regard, the parents of the deceased confronted accused Nos.2 and 3 about the attitude of accused No.1 and requested them to look after her properly and ensure that such harassment was not repeated. However, the deceased committed suicide. Hence, requested the police to take necessary action against the accused persons.

3.2. Basing on the said complaint, Crime No.1352 of 2009 was registered against accused Nos.1 to 3 for the offence under Section 304-B IPC and the Investigating Officer after conducting investigation filed the charge sheet and the learned IX Metropolitan Magistrate, Cyberabad at Miyapur, took cognizance of the offence under Section 304-B IPC and numbered it as PRC No.186 of 2013 and committed the case to the Court of Sessions and numbered it as S.C.No.671 of

2013 on the file of the learned Metropolitan Sessions Judge, Cyberabad at L.B.Nagar.

3.3. On behalf of the prosecution, PWs.1 to 14 were examined and Exs.P1 to P9 got marked. On behalf of defence, no witnesses were examined and Exs.D1 to D6 were marked.

3.4. Learned Sessions Judge after taking into consideration the oral and documentary evidence on record and after hearing the parties, acquitted accused Nos.1 to 3 for the charged offence under Section 304-B IPC, however, convicted them for the offence under Section 498-A IPC as stated above. Aggrieved by the same, accused Nos.1 to

3 have preferred the present appeal.

4. Heard Sri T. Niranjan Reddy, learned Senior Counsel representing Mr. Vivek Jain, learned counsel for accused Nos.1 to 3, and Sri M. Vivekananda Reddy, learned Assistant Public Prosecutor appearing for the respondent-State.

5. Submissions of the learned Senior Counsel for accused Nos.1 to 3:

5.1. Learned Senior Counsel submitted that accused Nos.1 to 3 have not committed the alleged offence levelled against them. Even according to the allegations made in the complaint/Ex.P1, charge sheet and evidence on record, the ingredients of the offence under Section 498-A IPC are not attracted. He further submitted that e