C.C.No.252/20131J.F.C.M.Court, Salur
IN THE COURT OF THE JUNIOR CIVIL JUDGECUMJUDICIAL MAGISTRATE OF THE
FIRST CLASS, SALUR.
Present: Sri D.Dhanaraju, Junior Civil JudgecumJudicial Magistrate of the First Class, Salur.
Friday, this the 28th day of June, 2019.
C.C.NO.252 OF 2013
Between: State represented by the SubInspector of Police, Ramabhadrapuram Police Station. …Complainant And: Gurla Jagannadham, S/o Sadhu babu, aged 30 years, SC Mala by caste, working as Secondary Grade Teacher, Balajijagar, Vizianagaram Town.
…Accused
This case is coming on for final hearing before me on 18.06.2019 in the presence of the Assistant Public Prosecutor for the State and Sri K.Sanyasi Rao, Advocate for the accused and after perusing the material available on record and upon hearing arguments and having stood over for consideration to this day, the Court delivered the following:
J U D G M E N T
1.The SubInspector of Police, Ramabhadrapuram Police Station filed charge sheet in
Cr.No.50/2013 for the offence punishable under Section 498A of the Indian Penal Code (for short “IPC”) and section 3 and 4 of Dowry Prohibition Act against accused.
2.The brief averments of the charge sheet are that PW1 married A1 on 07.4.2012 and at the time of marriage, parents of PW1 gave dowry of Rs.3,80,000/, Rs.50,000/ for motor cycle and an amount of Rs.30,000/ for Adapilla Lanchanamulu and half tula gold ring and sari samanalu worth Rs.1,00,000/ on the demand of accused. PW1 and
Accused lead happy conjugal life at Kata Veedhi, Vizianagaram and late they shifted in a rented house of Hussan near ring road at Vizianagaram. The accused and his family members started harassing PW1 both physically and mentally and Accused demanded to bring an amount of Rs.5,00,000/ additional dowry from her parents and caused torture.
On 24.6.2012 A1 mixed the ants poison in tea of his wife for consume her by force, in which PW1 reported the matter against her husband and inlaws at II Town Police station
Vizianagaram and they registered a case in Cr.No.43/2013 u/sec.498A, 307 and Section 3 and 4 of D.P.Act against accused and the same was compromised in the court. Later
C.C.No.252/20132J.F.C.M.Court, Salur
PW1 joined the accused and they lead conjugal life at Kottavalasa and again accused demanded additional dowry of Rs.5,00,000/. PW1 having 4th month pregnancy, she fell in sick and the same was informed to her father LW2 Chintada Kannayya and on that said Kannayya gave Rs.30,000/ for medical expenses and PW1 joined in KGH,
Visakhapatnam on 28.5.2013 where she gave birth to a femlae child on 30.5.2013 and due to birth of female child the accused left her at KGH due to suspect her fidelity, on that a dispute was raised in the presence of Pws 3 and 4 and the elders chastised the accused but the accused did not heed their words and also demanded to bring an amount of
Rs.5,00,000/ from parents of PW1 when she expressed her inability to meet his demand, the accused did not take her back to his house. PW1 gave report to police.
Basing on report, PW6 registered a case in Cr.No.50/2013 u/sec.498A IPC and section 3 and 4 of D.P.ACt. On 22.8.2013 he arrested the accused and after completion of investigation, charge sheet was filed.
3.Cognizance was taken for the offence under Section 498A of the IPC and Sections 3 and 4 of D.P.Act against the accused.
4.After furnishing the copies of the relevant documents as contemplated under
Section 207 of the Cr.P.C., the accused was examined under Section 239 of the Cr.P.C.
and he denied the offences. Charge under Section 498A of the IPC and Section 3 and 4 of
D.P.Act was framed and read over and explained to him in Telugu for which he pleaded not guilty and claimed to be tried.
5.During the course of trial, in order to prove its case, the prosecution examined
PWs.1 to 6 and marked Exs.P.1 to P.3.
6.After closure of prosecution evidence, the Accused were examined u/sec.313
Cr.P.C. by explaining the incriminating evidence appearing against the accused, for which he denied the same and reported no defence evidence.
C.C.No.252/20133J.F.C.M.Court, Salur
7.Heard the learned Assistant Public Prosecutor for the State and the learned counsel for the accused. Perused the material available on record.
8. Now the point that arises for determination is:
Whether the prosecution proved the guilt of accused for the offence punishable under Section 498A IPC and section 3 and 4 of D.P.Act beyond all reasonable doubt ?
POINT:
9.In order to make out a case for the offence under Section 498A of the IPC, the prosecution has to prove that the husband of a woman or his relative must have subjected her to cruelty which is of such a nature as is likely to drive her to commit suicide or to cause grave injury or danger to her life, limb or health, either physically or mentally; or harassment is caused to her with a view to coerce her or her relative to meet any unlawful demand for any property or valuable security.
10.The defactocomplainant was examined as PW1. She deposed that her marriage was performed with the accused on 7.4.2012, at the time of marriage, her parents gave
Rs.3 lakhs towards dowry, one motor bike, Adapaduchu lanchanams Rs.30,000/ Sare samanlu wroth Rs. 1 lakhs and 1 ½ tula gold to the accused. On the next day of marriage, the accused and his parents did not allow her inside their house stating that the sare samanlu are not properly given and did not present any cot, at the intervention of marriage elders, the matter was pacified and she resided at her in laws house for about one month. She further deposed that during that period accused used to raise disputes and used to beat her by demanding addl.dowry of Rs.5 lakhs and accused also used to beat her in drunken state. On one day accused gave her tea by mixing gamaxin and she was hospitalized and a case was registered against accused and his parents. On one day, the accused kicked on her stomach even she was pregnant and accused stayed for one week at the hospital and accused informed her parents about the birth of daughter and further stated that he will bring clothes and went away but later the accused did not turn up. She gave her gold chain, ear rings and silver anklets to the accused. Later she gave report against accused.
C.C.No.252/20134J.F.C.M.Court, Salur
11.During the course of cross examination PW1 deposed that she gave report against her husband, inlaws and sisterinlaws. She further deposed that the dispute arose as the accused demanded her to bring Rs.30,000/ from her parents towards medical expenses and she deposed that accused took her to the hospital while she was pregnant and he took a scan. She further deposed that herself and accused had lived at
Kothavalasa for about 4 months and that prior to Kothavalasa she had lived at her parents house for about 5 or 6 months. She further deposed that during the pendency of the criminal case at Vizianagaram, she started living with the accused at Kothavalasa and the matter was compromised. She denied the suggestion that as she was not feeling well, the accused had taken her to the hospital in the month of May and accused joined her in the hospital. She admitted in her cross examination that accused filed divorce OP against her stating that he got suspicion against her and that accused filed a petition for DNA test and the same is allowed.
12.PW2 who is father of PW1, deposed that he performed the marriage of PW1 with accused and he gave dowry of Rs.3,80,000/, one bike, one tula chain, half tula ring,
Adapaduchu lanchanams of Rs.30,000/ and sare samanlu worth Rs. 1 lakh. He further deposed that after 15 days of marriage, accused used to harass PW1 to bring addl.dowry and later they raised dispute and on that accused put up a separate family at
Vizianagaram and the house owner called him and informed him that accused mix gamaxin in tea and gave it to PW1 and she was admitted in Tirumala Nursing Home and that he gave report to police and accused and his family members admitted their guilt. He further deposed that again disputes arose and accused kicked Pw1 on her stomach while she was pregnant. PW1 gave birth to female child and accused took Rs.20,000/ and pusthela thadu of PW1 and went to Vizianagaram and did not turn up.
13.During the course of cross examination, PW2 deposed that no written documents were executed at the time of giving dowry and marriage presentations. He admitted that both PW1 and accused started living separately at Vizianagaram and got separated from accused’s family members i.e., father, mother and sisters. He deposed that he came to know about the demand of additional dowry of accused only when PW1 informed him
C.C.No.252/20135J.F.C.M.Court, Salur through phone. He admitted that a case was registered as Pw1 consumed poison, due to the harassment of accused. He further admitted that in the present case also initially they filed case against three members but after investigation, police registered case against the accused only. He further deposed that while the case at Vizianagaram is still pending PW 1 and accused lived at Naiduvalasa for a period of six months to his knowledge. He further deposed that he came to know about PW1’s pregnancy when accused informed him. He further admitted that accused used to take care of PW1 during his stay at
Kothavalasa and he used to take medical attention of PW1. He further admitted that accused raised suspicion over the pregnancy of PW1 with him. And accused admitted
PW1 in K.G.Hospital and informed them later and accused himself informed about the birth of his daughter and that daughter was born with premature pregnancy.
14.PW3 who is said to be the eye witness, deposed that at the time of marriage parents of PW1 presented Rs.3,80,000/ towards dowry and Rs.50,000/ towards vehicle, one tula gold chain, ¼ tula gold ring and sare samanlu worth Rs.60,000/ to the accused and 3 days after marriage disputes arose between both of them and accused shifted in a rented house and lived happily for one week, thereafter disputes arose. On one day, he came to know through PW1 that accused administered poison to PW1 and accused left PW1 at the hospital after birth of girl child. The learned A.P.P. cross examined PW3 and PW3 admitted that he stated to police that PW2 informed him that accused harassing the PW1 with regard to additional dowry for an amount of
Rs.30,000/ as in Ex.P2 161 Cr.P.C. statement.
15.During the course of cross examination by learned counsel for accused, he deposed that PW1 and himself belongs same caste. He further deposed that he does not know personally about the disputes between Pw1 and accused but he came to know about the accused. He further deposed that he deposed evidence before Vizianagaram
Court, thereafter the said case was compromised and that the said case was foisted against the sisters of accused as well as accused in this case. He further admitted that the dispute arose between PW1 and accused as due to accused refused his paternity of the child born to PW1.
C.C.No.252/20136J.F.C.M.Court, Salur
16.PW4 who is said to be another eye witness, deposed that at the time of marriage the parents of PW1 gave an amount of Rs.3,80,000/ towards dowry, Rs.50,000/ towards vehicle, one week after marriage disputes arose and accused demanded to bring addl. Dowry, sister of accused harassed Pw1 and accused mixed gamaxin powder in tea and gave it to PW1 and asked her to drink. He further deposed that Pw1 consumed the said tea and she was admitted in hospital. Later PW1 conceived pregnancy and gave birth to female baby and accused refused paternity of that baby and on that PW1 gave report to police.
17.During the course of cross examination, PW4 he has no personal knowledge about the disputes happened at Vizianagaram between them. He further deposed that the family members of accused lived along with Pw1 and accused at Kata Veedhi, Vizianagaram for ten days and after that PW1 and accused set up their family in a separate house at Nalla
Cheruvu. He further deposed that he never resided near the house of PW1 and A1 and that PW1 and her parents used to inform about the disputes arose between PW1 and accused. He deposed that he does not know after how many days of filing of the complaint, they compromised the case and that he came to know that again disputes arose between PW1 and accused at Kothavalasa village after set up separate family due to accused refused the paternity of female child of PW1. He does not know when PW1 filed this case.
18.PW5 who is said to be the neighbour of Pw1 at Kothavalasa, deposed that PW1 and accused resided by their house at Kothavalasa for rent and that they lived happily during that period. After two months they shifted to another house. She does not know what happened later. She further deposed that in the year 2014 accused brought auto as
PW1 was not feeling well and he wants to take her to hospital in the auto, later she came to know that some cases were filed against each other.
C.C.No.252/20137J.F.C.M.Court, Salur
19.The learned APP submitted that the evidence on record clearly proves the guilt of the accused for the offences with which they are charged and therefore the accused may be convicted and sentenced accordingly.
20.On the other hand, the learned counsel for the accused submitted that the entire evidence brought on record does not at all support the case of the prosecution and that the accused is falsely implicated in this case and thus he is entitled to acquittal.
21.As can be seen from the entire evidence on record, it is crystal clear that the marriage of PW.1 with A.1 was performed by PW.2 and LW.3 Chintada Ramanamma on 07.04.2012 and at the time of marriage a sum of Rs.3,80,000/ towards dowry, one gold ring and saresamanulu worth Rs.1,00,000/ were given to Accused.
22.On perusal of entire evidence of PW1 during her cross examination, she deposed that the dispute arose as the accused demanded her to bring Rs.30,000/ from her parents towards medical expenses and that accused took her to the hospital while she was pregnant and he took a scan. She further deposed that during the pendency of the criminal case at Vizianagaram, she started living with the accused at Kothavalasa and that she admitted that accused filed divorce OP against her stating that he got suspicion against her. The above evidence of PW1 clearly shows that the dispute arose only when accused demanded Rs.30,000/ for medical expenses. Hence the demand of dowry of
Rs.5,00,000/ is not proved. During the pendency of criminal case at Vizianagaram both
PW1 and accused lived together and it shows that there is no harassment by the accused towards PW1.
23.On perusal of evidence of PW2 who is father of PW1 shows he came to know about the demand of additional dowry of accused only when PW1 informed him through phone. This piece of evidence shows that PW2 does not know personally about the demand of dowry by the accused and he came to know only through PW1 and accused never demanded PW2 for additional dowry. His evidence further shows that he came to know about pregnancy of PW1 when accused informed him. He further admitted in his cross examination that accused used to take care of PW1 during his stay at Kothavalasa
C.C.No.252/20138J.F.C.M.Court, Salur and he used to take medical attention of PW1. It shows that accused never harassed
PW1 and he takes care of PW1 even in the hospital also.
24.The evidence of PW3 who is eye witness, shows that PW2 informed him that accused harassing Pw1 with regard to additional dowry for an amount of Rs.30,000/.
He deposed that he gave evidence before the Vizianagaram Court. He deposed that he came to know through PW1 that accused administered poison (gamaxyn) to PW1. It means PW3 is not a eye witness to the incident and he came to know the same through
PW1 only. Hence his evidence is not helpful to the case of prosecution to prove the ingredients for the offence u/sec.498A IPC. The evidence of PW1 is full of developments.
PW4 in her chief examination deposed that one week of the marriage, disputes arose between PW1 and A1 as the accused demanded to bring additional dowry, sister of accused harassed PW1. On evaluating the evidence of PW1 to 3, there is no single piece of evidence about the harassment made by sister of accused. But PW4 made developed in his evidence and deposed that sister of accused harassed PW1. His evidence is not cogent and trustworthy.
25.On perusal of evidence of PW5 who is independent witness and neighbour to the house of PW1 and A1, categorically deposed that both PW1 and A1 lived happily during their stay at Kothavalasa in a rented house. This piece of evidence shows that accused never harassed PW1 or demanded Pw1 to bring additional dowry from her parents.
26.PW6 who is investigation officer deposed that on 22.6.2013 he received a written report from PW1, basing on the same, he registered a case in Cr.No.50/2013 u/sec.498
A IPC and Sec.3 and 4 of D.P.Act and he issued Ex.P3 FIR to the concerned. Later he examined Pws 1 and 2 and LW3 Chintala Ramanamma and recorded their statements and visited the scene of offence situated at Naiduvalasa village and and later he went to
Kothavalasa village and recorded the statement LW6 Gopachana Achari and on 22.8.2013 Accused surrendered before him and he arrested the accused and after completion investigation, he filed charge sheet.
C.C.No.252/20139J.F.C.M.Court, Salur
27.During the course of cross examination he deposed that PW1 gave complaint against five persons. He deposed in his chief examination that after completion of investigation, according to the witness statements, the prima facie case established against A1 only, he filed charge sheet.
28.That apart, it is not uncommon that there may be varied reasons for the variety of quarrels took place between PW.1 and the accused, which may be either petty or serious, but without cogent and convincing evidence adduced before the Court, the same cannot be said to have taken place with a view to causing cruelty to PW.1 or demanding
additional dowry. Perusal of the explanation appended under Section 498A of the IPC
shows that ‘cruelty’ means any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life or limb or health of the woman (whether mental or physical) of the woman; or the harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. Basing on the evidence of PWs.1 and 2 who are interested witnesses, it cannot, by any stretch of the imagination, be said that the harassment alleged to have been meted out by the accused to PW.1 reflected that PW.1 was forced to commit suicide or it caused grave injury or danger to her life, limb or health, either mentally or physically, or with a view to coercing PW.1 or any person related to her to meet any unlawful demand for any property or valuable security as there was no iota of evidence before the Court in that regard at all. Except the interested testimony of Pws 1 and 2, there is no other corroborative evidence to prove the case of prosecution.
29.It is well established principle of law that no conviction can be based on mere assumptions and presumptions. Further, there must be concrete legal evidence to convict an accused and the burden lies on the prosecution to prove the guilt of the accused beyond all reasonable doubt with cogent and convincing evidence. Having due regard to the decisions referred to herein before and after carefully considering the facts and circumstances of the case on hand and in light of the evidence on record, it is manifest
C.C.No.252/201310J.F.C.M.Court, Salur that there is no iota of evidence on record to prove the guilt of the accused for the offences with which they are charged. For the foregoing discussion, it is obvious that the prosecution has miserably failed to wholly bring home the guilt of the accused beyond all reasonable doubt. Consequently, Point is accordingly answered in favour of the accused and against the prosecution.
30.In the result, Accused is found not guilty for the offence punishable under Section 498A IPC and Section 3 and 4 of D.P.Act and accordingly he is acquitted under Section 248(1) of the Cr.P.C. Accused is directed to execute bonds for a sum of Rs.5,000/ (Rupees five thousand only) each which shall be in force for a period of six months as contemplated under Section 437A of the Cr.P.C. in order to appear before the appellate
Court if an appeal is preferred.
Typed to my dictation corrected, and pronounced by me in open Court on this the 28th day of June, 2019. Sd/ D.Dhanaraju. JUNIOR CIVIL JUDGECUMJUDICIAL
MAGISTRATE OF THE FIRST CLASS,
SALUR.
Appendix of Evidence
Witnesses Examined
For Prosecution For Defence
PW.1: Gurla SrilekhaNone PW.2: Chinthada Kannayya P.W.3: Yenda Gopala Rao PW.4: Yetthula Chittibabu P.W.5: Polamarasetty Sujatha PW.6: S.Srinivas , S.I. of Police.
Documents Marked
For Prosecution For Defence
Ex.P.1: Report of PW1 dt. 22.06.2013Nil Ex.P.2: Sec.161 Cr.P.C. Statement of PW3 Ex.P.3: Original FIR in Cr.No.50/2013
Material Objects Marked
Nil.
Sd/ D.Dhanaraju. JUNIOR CIVIL JUDGECUMJUDICIAL
MAGISTRATE OF THE FIRST CLASS,
SALUR.