HON’BLE SMT. JUSTICE RENUKA YARA CRIMINAL APPEAL No.713 of 2012

JUDGMENT

This Criminal Appeal is preferred by the appellant/accused aggrieved by the conviction and sentence imposed by the learned IV Addl. District and Sessions Judge (FTC) at Mahabubnagar (for short ‘the learned Sessions Judge’) in S.C.No.476 of 2010, dated 11.01.2012, for the offence punishable under Section 304-B of IPC, wherein, he was found guilty, sentenced to undergo Rigorous Imprisonment for a period of seven (7) years.

2. Heard Sri L. Harish, learned counsel for the appellant/accused and Dr. Surepalli Prashanth, learned Assistant Public Prosecutor appearing for the respondent/State. Perused the record.

3. The facts of the case as per prosecution are that the appellant/accused was married to B. Radamma about a year ago of the date of incident and at the time of marriage, the complainant (father of the deceased) presented ½ tula gold ear rings, ½ tula gold ring, ½ tula of silver leg chains and cash of Rs.10,000/-. After some time, the appellant tortured his wife Radamma to get additional dowry of Rs.30,000/-, alternatively, to perform another marriage with her own sister. Vexed with the torture, Radamma committed suicide by hanging on 03.06.2009 at about 1 a.m. at the appellant’s house. On the same day at 9 p.m., the father of deceased gave complaint to the police leading to filing of case in Crime No.45 of 2009 for the offence under Section 304-B of IPC. Thereafter, police took up investigation and filed charge sheet against the appellant for the offence under Section 304-B of IPC.

4. The prosecution examined PWs.1 to 10 and got marked Exs.P1 to P9 and MO1 and MO2. The defence got marked Exs.D1 to D3 which are extracts from 161 Cr.P.C statements of PW1 and PW2.

5. After examining the oral and documentary evidence, the learned Sessions Judge arrived at a conclusion that the prosecution has proved the case of demand for additional dowry by the appellant and alternatively demanded the parents of the deceased to perform the marriage of their second daughter with him. Since both the demands were not fulfilled, the appellant harassed his wife compelling her to commit suicide. According to the learned Sessions Judge, there is no other reason for committing suicide by the deceased. The defence taken about unwilling of the deceased to go to Mumbai along with her husband to eke out livelihood is not substantiated according to the learned Sessions Judge. To arrive at said conclusion, the learned Sessions Judge relied upon the 313 Cr.P.C examination, wherein, the appellant stated that the deceased was not willing to marry him and therefore, she committed suicide. The appellant did not make any mention about unwillingness of his deceased wife to accompany him to Mumbai to do labour work. During cross examination of parents of the deceased/PW1 and PW2, no suggestion was given to them about their daughter committing suicide on account of her unwillingness to marry the appellant. Therefore, the defence about unwillingness to accompany the appellant to Mumbai is discarded by the learned Sessions Judge and imposed sentence of seven (7) years Rigorous Imprisonment for the offence under Section 304-B of IPC. Hence, the appeal.

6. In grounds of appeal, a reference is made to omissions made by the complainant/PW1 who is father of the deceased i.e. about the omissions made while recording the statements before the police, about appellant beating his daughter demanding dowry and non-fulfilling the demands of the appellant is the cause for beatings by the appellant. It is emphasized that there is no deposition about the demand for dowry by the prime witnesses PW1 and PW2. Much emphasis is laid on the fact that PW1 and PW2 deposed that at the time of marriage, cash of Rs.10,000/-, ½ tula gold ring, ½ tula gold ear rings and 15 tulas of silver anklets were presented. A differentiation is made about parents presenting gifts to their daughter at the time of marriage and demand for dowry