HON’BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL APPEAL No. 1571 of 2017

JUDGMENT:

This criminal appeal has been filed aggrieved by the judgment passed by the learned IX Additional District and Sessions Judge, Wanaparthy in S.C. No.467 of 2012, dated 06.03.2015, where under respondent/accused was acquitted for the offence punishable under Section 304-B of the Indian Penal Code, 1860 (for short ‘IPC’).

2. Heard Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor appearing on behalf of appellant-State. In spite of service of notice, respondent has not chosen to enter appearance.

3. The case of prosecution in brief is that the deceased Laxmi was the daughter of PW.1 Balamma and sister of PW2 Suresh. She was married to the accused about six years prior to March, 2012. After the marriage they lead happy conjugal life for about three years and during that period the deceased gave birth to two sons. Subsequent to that the accused addicted to alcohol, started suspecting the fidelity of the deceased and tortured her for additional dowry. Unable to bear with the harassment of the accused, the deceased Laxmi was brought to Wanaparthy from Nagarkurnool by PW.1 and put her along with the accused in Wanaparthy in a rented accommodation in the locality in which PWs.1 and 2 are living. PW.1 also arranged a finance of Rs.10,000/- for the accused for his silver business with an advise to look after the family well and live peacefully. But the accused was not satisfied with the said amount and continued to torture the deceased in drunken condition asking to bring additional dowry of Rs.50,000/- from the mother for his silver business. Since the family of PWs.1 and 2 was not in a position to arrange additional dowry of Rs.50,000/- and the deceased Laxmi unable to bear with the torture of physical assault on her, she took pesticide poison to commit suicide and came to the house of PW.1 and seeing some froth from the mouth of the deceased, immediately she was taken to hospital by PWs.1 and 2 on 2.3.2012 and on the same day, deceased succumbed while undergoing treatment in the Government Hospital. Then PW.1 went to the police station on 3.3.2012 and presented complaint at about 12.30 Ρ.Μ. Basing on the said complaint, the present case was registered for the offence under Section 304-B of IPC.

4. On behalf of prosecution before the Court below, PWs.1 to 10 were examined and Ex.P1 to P6 were marked. On behalf of defence, no witnesses were examined and Ex.D1 was marked. The trial Court after taking into consideration of the oral and documentary evidence on record and after hearing the parties, acquitted respondent/accused for the offence punishable under Section 304-B of IPC.

5. Aggrieved by the said judgment, the State filed the present Appeal.

6.1. Learned Assistant Public Prosecutor submitted that the prosecution has proved the guilt of the accused for the offence under Section 304-B of IPC by producing the oral and documentary evidence on record. The learned Sessions Judge without properly appreciating the oral and documentary evidence on record erroneously acquitted the accused for the offence under Section 304-B of IPC. He further submitted that the learned Sessions Judge ought to have considered the evidence of PWs.1 to 4. PW.4 in his evidence specifically deposed that the accused used to come to the house in a drunken state of mind and beaten the deceased and when PW.4 tried to intervene to rescue the deceased, the accused questioned his propriety to intervene in the matter and that unable to bear the torture of the accused, the deceased committed suicide.

6.2. He further submitted that the learned Sessions Judged erred in coming to conclusion that the deceased died due to the harassment and cruelty at the instance of the accused, though the deceased committed suicide due to the harassment of the accused only. The impugned judgment passed by the learned Sessions Judge is contrary to the settled principles of law and the same is liable to be s