1 SC.356 of 2019
IN THE COURT OF THE II ADDITIONAL DISTRICT AND SESSIONS
JUDGE KARIMNAGAR AT JAGITIAL.
PRESENT: SMT. B. PRATHIMA, B.L., LL.M.,
II Addl. District and Sessions Judge,
KARIMNAGAR AT JAGITIAL.
MONDAY, THE 30th DAY OF MAY, 2022
SESSIONS CASE No. 356 OF 2019
Name of Complainant PS Jagitial Rural
Name of accusedA1 Guda Rakesh, S/o.Hanmandlu, Age: 27 years, Gonekapu, R/o.Morapalli (V) of Jagtial mandal.
A2 Guda Gangavva, W/o.Hanmandlu, Age: 47 years, Gonekapu,R/o.Morapalli (V), Jagtial mandal.
A3 Gudakorutla Lavanya, W/o.Rajender, Age: 25 years, Gonekapu, R/o.Ibrahimpatnam now at Morapalli village of Jagtial mandal.
A4 Gajangi Ramesh, S/o.Rajanna, Age: 32 years, Padmashali, R/o.Morapalli (V) of Jagtial mandal.
Charge U/Section 304-B r/w Section 34 IPC
Plea of AccusedNot Guilty
Finding of CourtNot Guilty
Sentence / OrderAcquitted.
Prosecution Conducted byMiss. D.Srivani, Addl.Public Prosecutor
Defence Conducted bySri T.V.Narsimha Reddy, Advocate for A1 to A3 Sri K.Haridas, Advocate for A4
P.R.C No. & Cr. No.PRC.No.25 of 2018 Cr.No.119 of 2018
Case Committed bySri A.Venkateshwar Rao, I-Addl.JMFC Jagtial.
2 SC.356 of 2019
This Sessions Case having come before me for final hearing in the presence of Miss. D.Srivani, Addl. Public Prosecutor for the State and Sri T.V.Narsimha Reddy and Sri K.Haridas, Counsels for accused, upon perusal of material papers available on record and having stood over for consideration till this day, the court delivered the following:
:: J U D G M E N T ::
1.A1 to A4 stand tried for the offence of committing ‘Dowry Death’ of Manasa wife of A.1.
Brief case of the prosecution:
2.On 4.7.2018, a complaint was lodged by complainant Gannu Laxmi,
W/o.Venkat Reddy complaining that she is resident of Morapalli village, that she performed marriage of her daughter Manasa with A.1 on 28.2.2016 of Morapalli village, that she gave cash of three lakhs and ten tulas gold and household articles towards dowry, that her daughter and son-in-law led happy marital life for some days, that she gave Rs.2,00,000/- on demand of her son-in-law on the eve of Deepawali festival, that after some days her son-in-law started demanding additional dowry of
Rs.10,00,000/- for investing poultry form, that her daughter informed same to her. She consoled and sent her daughter to her in-laws house, that on 1.7.2018 she came to know that her son-in-law beat her daughter on that she sent her Gannu Bhaskar Reddy to Morepalli village, that her son convinced the accused and returned back, that the accused did not change their attitude, that the accused Guda Gangavva mother-in-law of her daughter, Lavanya sister-in-law and Ramesh friend of her son-in-law used to instigate her son-in-law, unable to bear the harassment and torture of the accused her daughter vexed with her life and committed suicide in her in-laws house on 4.7.2018 at 11 a.m. Complainant alleging dowry harassment and cruelty of her daughter at the hands of A1 to A4, sought to take necessary action.
3.Basing on the complaint, a case in Cr.No.119/2018 under Section 304-B IPC 3 SC.356 of 2019 was registered. During the course of investigation, the statements of witnesses were recorded, scene of offence panchanama was conducted, photographs of the scene of offence and dead body of deceased were taken, rough sketch was drawn, seized dark blue colour chunni used by the deceased for committing suicide and wedding card under said panchanama, inquest panchanama was conducted, team of doctors conducted autopsy over the dead body of deceased, reserved their opinion preserving hyoid bone, hyoid bone was forwarded to the Professor, KMC, Warangal for examination and report. LW20 examined hyoid bone and opined that the hyoid bone was intact. Basing on the same, the team of doctors opined that the cause of death of deceased was 'Asphyxia due to hanging'.
4.The investigation revealed that the marriage of A1 and deceased was performed on 28-02-2016, A1 to A3 started harassing deceased physically and mentally by demanding her to bring additional dowry of Rs.10,00,000/- from her parents house, it continued for some period, A1 to A4 did not change their attitude even after convincing, due to unbearable harassment, deceased Manasa committed suicide by hanging in her in-laws house on 4.7.2018. A1 to A4 were arrested on 07- 07-2018 and were remanded to judicial custody.
5.Cognizance of the case was taken by the Learned I-Additional Judicial
Magistrate of First Class, Jagitial for the offence under Section 304-B r/w 34 IPC
against A1 to A4 and the case was taken on file as PRC 25 of 2018. As the offence under Section 304-B IPC is exclusively triable by Court of Sessions, the I-Addl. Judl.
Magistrate of First Class, Jagitial committed the case to the Court of Sessions.
6.Learned Prl. District & Sessions Judge, Karimnagar took the case on file as SC
No.356 of 2018 and made over the case to this Court for disposal according to law.
7.After hearing learned Addl. Public Prosecutor and learned counsel for A1 to
A4, charge for the offence u/S 304-B r/w 34 IPC against A1 to A4 was framed, read 4 SC.356 of 2019 over and explained to them to which they pleaded not guilty and claimed to be tried.
8.To prove the guilt of accused for the offence under section 304-B IPC, prosecution cited 23 witnesses and examined PW1 to PW18 and got marked Ex.P1 to
P29 and MO1.
9.After closure of prosecution evidence, A1 to A4 were examined U/Section 313
Cr.P.C., explaining the incriminating evidence appearing against them. They denied all the incriminating circumstances and reported no evidence on their behalf.
10.Heard the Learned Addl. Public Prosecutor and the Learned Counsel for accused.
11.The point for determination is -
Whether the prosecution proved the guilt of A1 to A4 for the offence U/Section 304-B IPC beyond all reasonable doubt?
POINT:
12.Admitted facts of the case are that A1 and deceased Manasa were married on 28-02-2016, A2 is the mother-in-law and A3 is sister-in-law of deceased and A4 is friend of A1. It is also an admitted fact that after their marriage A1 and his wife started living at the house of A1 with A2 at Morepalli village. According to the prosecution A1 to A4 were instigating A1 to demand additional dowry, that in spite of the inability expressed by the complainant/mother of deceased to give additional dowry, all the accused continued with their demand for additional dowry and started physically and mentally harassing the deceased Manasa and that, unable to bear the harassment of A1 to A4, Manasa died committing suicide at her in-laws house at
Morepalli village on 4.7.2018. It is also the case of the prosecution that death of
Manasa occurred within seven years of her marriage and the accused harassed Manasa to bring additional dowry and it is a case of Dowry Death.
5 SC.356 of 2019
13.The case of the accused as culled out from their examination U/Section 228
Cr.P.C. and examination U/Section 313 Cr.P.C. and the tenor of cross-examination of prosecution witnesses is one of total denial of any harassment.
14.To prove the guilt of A1 to A4 for the offence under section 304-B IPC, prosecution cited 23 witnesses and examined PW1 to PW18 and got marked Ex.P1 to
P29 and MO1.
15.To prove the guilt of the accused for the offence u/Section 304-B IPC, prosecution shall establish that -
1. Deceased Manasa, wife of A1 died within seven years of their marriage and death of Manasa was other wise than under normal circumstances;
2. Soon before her death, deceased Manasa was subjected to cruelty by her husband and in-laws on account of additional dowry;
3. Unable to bear the dowry harassment by the accused, Manasa committed suicide by hanging at her in-laws house on 4-7-2018.
16.It is not disputed that deceased Manasa committed suicide in her in-laws house on 4.7.2018 at 11-00 hours by hanging. Medical evidence of PW15 who conducted autopsy over the dead body of Manasa on 4.7.2018 at 4.30 p.m. is to the effect that he conducted post mortem examination over the dead body of the deceased on receipt of
Ex.P.17 requisition from the police and that he found following -
1) Hanging mark present round the neck 2) Knot mark present on left side of neck, and 3) Uterus is normal.
17.Ex.P8 is the post mortem examination report marked through PW15. PW15 deposed that he received expert opinion from Kakatiya Medical College, Warangal, basing on the same he issued final opinion opining that cause of death was “asphyxia 6 SC.356 of 2019 due to hanging”. Ex.P20 is the final opinion marked through PW15. Thus, It is not disputed, rather it is an undisputed fact which is also supported by the evidence of
Medical Officer PW15 that deceased died due to suicidal hanging on 4.7.2018 at 11- 00 hours at her in-laws house.
18.Coming to the evidence of the de-facto complainant and other material witnesses, prosecution examined de-facto complainant as PW1. PW1 is the mother of deceased. She deposed that she performed the marriage of her daughter with A1 about six years back, that at the time of marriage, they paid dowry of Rs.5,00,000/- including gold, that after marriage her daughter led happy marital life till her death, that one Thirupathi resident of Morapally informed her son about death of her daughter by suicide, that they went to Government Hospital, Jagtial and found their daughter dead, that she did not enquire about the reason of death of her daughter, that somebody took her thumb impression on a paper, that she do not know what was written on said paper. PW1 further deposed that police did not examine her.
19.PW2, brother of deceased and son of PW1 also deposed in a similar manner and stated that his sister never informed anything about her marital disputes and harassment of accused.
20.PW3 is examined as one of the neighbours of deceased Manasa. He deposed that his house is situated beside the house of accused, that Manasa died about four years back, that he do not know how she died. He did not inquire about the death of the deceased and he does not know anything about the marital disputes of deceased and A1.
21.PW.4, PW.5, PW.6, PW8, PW10, PW11, PW12 were examined as known persons of deceased and A1. They also deposed that Manasa committed suicide about three years back but they do not the reason for her death.
22.PW7 and PW13 are examined as the persons in whose presence prosecution 7 SC.356 of 2019 was said to have conducted inquest panchanama over the dead body of deceased
Manasa at Headquarters Hospital and who also gave their statements before the police. PW7 and 13 also turned hostile and did not support the case of the prosecution except stating that their signatures were obtained on a white paper.
23.PW14 is examined as witness for conducting scene of offence panchanama.
PW14 also did not support the case of the prosecution and deposed that police obtained his signature on a white paper.
24.All PW4 to PW8, PW10 to PW14 were declared hostile and were permitted to be cross-examined by the learned APP, but nothing favorable to the prosecution could be elicited in the cross-examination of these witnesses.
25.PW9 is examined as photographer who took photographs of the dead body of deceased Manasa and scene of offence. He deposed that at the request of police, he went to the scene of offence and took photographs and he also took photographs of the dead body of deceased. These photographs are marked as Ex.P10 along with
Ex.P11 CD.
26.PW17 is examined as Tahsildar in whose presence inquest panchanama was said to have conducted over the dead body of deceased. He deposed supporting case of the prosecution. He stated that he went to Government Hospital mortuary at
Jagtial, there he secured presence of panchas PW13, that LW14 Appu Swamy and
LW15 Malla Reddy conducted inquest panchanama over the dead body of the deceased, that during inquest the panchas opined that deceased committed suicide by hanging due to harassment for additional dowry by her husband A1, mother-in-law, sister-in-law and friend of A1 by name Ramesh. Ex.P24 is inquest panchanama marked through PW17.
27.PW16 and PW18 are examined as the investigating officers. They deposed on the lines of investigation done by them. PW16 deposed about receiving the complaint 8 SC.356 of 2019 and registering the case, PW18 deposed about the material part of investigation done by him on the lines of the charge sheet filed by him including about the arrest of the accused. However, it is seen from the above discussion, that this evidence of PW16 and PW18 is not supported by any of the material witnesses.
28.It is seen that except the evidence of PW17 and the two investigating officers
PW16 and PW18, there is no material evidence to prove that the accused A1 to A4 in any manner subjected the deceased to cruelty or harassment for any reason. This evidence of Pw16 to PW18 is not sufficient to come to a conclusion that deceased was harassed by the accused on account of dowry or for any other reason soon before her death and that for that reason deceased committed suicide. I am of the view that prosecution failed to prove the guilt of A1 to A4 for the offence under section 304-B
IPC or for any other offence.
29. In view of the above discussion, I hold that the prosecution failed to prove the guilt of A1 to A4 for the offence under Section 304-B IPC beyond all reasonable doubt. This point is decided accordingly.
30.IN THE RESULT, A1 to A4 are found Not Guilty for the offence u/Section 304-B r/w Section 34 IPC and they are accordingly acquitted of the same U/Section 235(1) Cr.P.C. Bail bonds of A1 to A4 shall stay in force for six months from today.
MO1 shall be destroyed after appeal time.
Dictated to the Stenographer (Grade-II), transcribed by him, Corrected and
Pronounced by me in the Open Court on this the 30th day of May, 2022.
IIADDL.DIST. & SESSIONS JUDGE,
KARIMNAGAR AT JAGITIAL.
9 SC.356 of 2019
APPENDIX OF EVIDENCE
witnesses examined for
PROSECUTION
PW1:G.Laxmi PW2:G.Bhaskar Reddy PW3:Vanga Thirupathi PW4:K.Mahender PW5:S.Satyanarayana Reddy PW6:S.Mahipal Reddy PW7:J.Malla Reddy PW8:B. Thirupathi PW9:Ravula Narsinga Rao PW10:Kura Gangadhar Reddy PW11:A.Pramod Kumar PW12:B.Bhaskar Reddy PW13:M.Sunitha PW14:K.Rajender PW15:Dr.Mohd. Mudassaroddin PW16:E.Kiran Kumar PW17:N.Venkatesh PW18:K.Bhadraiah
DEFENCE
-None-
Prosecution Exhibits Ex.P1:Statement under Section 161 Cr.P.C. of PW1 Ex.P2:Statement under Section 161 Cr.P.C. of PW2 Ex.P3:Statement under Section 161 Cr.P.C. of PW3 Ex.P4:Statement under Section 161 Cr.P.C. of PW4 Ex.P5:Statement under Section 161 Cr.P.C. of PW5 Ex.P6:Statement under Section 161 Cr.P.C. of PW6 Ex.P7:Signature of PW.7 on inquest panchanama Ex.P8:Statement under Section 161 Cr.P.C. of PW7 Ex.P9:Statement under Section 161 Cr.P.C. of PW8 Ex.P10:(9) Positive photographs Ex.P11:Compact disc Ex.P12:Statement under Section 161 Cr.P.C. of PW10 10 SC.356 of 2019
Ex.P13:Statement under Section 161 Cr.P.C. of PW11 Ex.P14:Statement under Section 161 Cr.P.C. of PW12 Ex.P15:Signature of PW13 on Ex.P16:Signature of PW14 on Ex.P17:Requisition Ex.P18:PME report Ex.P19:Expert opinion Ex.P20:Final opinion Ex.P21:Complaint Ex.P22:FIR Ex.P23:Requisition Ex.P24:Inquest panchanama Ex.P25:Crime Details Form Ex.P26:Rough Sketch Ex.P27:Wedding Card Ex.P28:Letter of Advice Ex.P29:Covering letter
Defence Exhibits:
--Nil--
MATERIAL OBJECTS
MO1:Blue colour chunni
IIADDL.DIST. & SESSIONS JUDGE,
KARIMNAGAR AT JAGITIAL.