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IN THE COURT OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
MEDCHAL-MALKAJGIRI DISTRICT, MALKAJGIRI AT KUSHAIGUDA.
PRESENT: SRI V. BALA BHASKAR RAO,
Principal District and Sessions Judge,
Medchal-Malkajgiri District, at Kushaiguda.
SATURDAY, THE 16th DAY OF MAY, 2026
SC No.267 of 2021
Name of the Complainant: The State through PS NEREDMET
Name of the Accused:Accused No.1 Gundu Shiva Charan S/o Gundu Durga Das, aged 30 years, Occ: Private Employee.
Accused No. 2 Smt Gundu Savithri W/o. Durga Das, Age: 56 years, Occ: House wife.
Accused No.3 Gundu Durga Das S/o Gundu Yadagiri, Age: 62 years, Occ: Rtd Employee, (The case against accused is abated as he died on 04-12-2021) Accused No.4 Mota Neelima @ Gundu Neelima, D/o Gundu Durgadas, W/o Sharanya, Aged 29 years, Occ: House wife.
All are R/o. Plot No. 114, H.No. 30-265/50/114, Pragathinagar,Sainathpuram,Neredmet, Medhcal Malkajgiri District.
Crime Number: 102 of 2020
Offence Under Section: 498(A), 304-B of IPC & Sec. 3, 4 & 6 of D.P Act
PRC No.: 59 of 2020 on the file of II Addl. Junior Civil
Judge Cum XIX Addl. Metropolitan Magistrate,
Medchal-Malkajgiri District at Kushaiguda.
Case committed by: Smt B.Sowjanya, II Addl. Junior Civil Judge Cum XIX Addl. Metropolitan Magistrate, Medchal- Malkajgiri District at Kushaiguda.
Prosecution conducted by: Sri David Robertson , Public Prosecutor for Complainant Defence conducted by: Sri C. Sathyanarayana, Counsel for the accused.
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Plea of the accused: Not Guilty
Sentence of OrderIn the result, the accused no.1 is found guilty of the offences punishable under Sec. 498A and 304-B of the I.P.C., and under Section 4 of the Dowry Prohibition Act, and accordingly he is to be convicted under Sec.235 (2) Cr.P.C. Further the accused no.1 is found not guilty of the offence punishable under Sec. 3 of the Dowry Prohibition Act and the accused nos.2 and 4 are found not guilty for the offences punishable under Section 498A, 304-B of I.P.C., and under Section 3 and 4 of the Dowry Prohibition Act, and accordingly the accused nos.2 and 4 are acquitted of the said offences under Sec.235(1) of the Cr.P.C.
In the result, the accused No.1 is sentenced to undergo Imprisonment for Life and also to pay a fine of Rs.10,000/- (Rupees ten thousand only), in default, to suffer simple imprisonment for a period of three months for the offence of causing Dowry Death under Sec.304-B of IPC. The accused No.1 is further sentenced to un- dergo Rigorous Imprisonment for a term of Two Years and also to pay a fine of Rs.5,000/- (Ru- pees Five thousand only), in default, to suffer simple imprisonment for a period of three months for the offence punishable under sec- tion 498A of IPC.The accused No.1 is further sen- tenced to undergo Rigorous Imprisonment for a term of Two Years and also to pay a fine of Rs.5,000/- (Rupees Five thousand only), in de- fault, to suffer simple imprisonment for a period of three months for the offence of penalty for demanding dowry under Sec.4 of the Dowry Pro- hibition Act. The remand period undergone by the accused no.1 shall be given set-off under Section 428 Cr.P.C. All the substantive sen- tences shall be run concurrently. M.O.1 shall be destroyed after lapse of appeal time. The Office is directed to furnish a copy of the Judgment to the accused no.1 as required under Sec.363 Cr.PC., enabling him to prefer an appeal within thirty days from today.
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This case is coming before me for hearing in the presence of Sri David Robertson, Public Prosecutor for the State and Sri C. Sathyanarayana, Counsel
for the Accused No. 1, 2 and 4, case against Accused No. 3 was abated as he died
and upon hearing and perusing the material on record and the matter having been stood over for consideration till this day, this court made the following:-
J U D G M E N T
1. The Assistant Commissioner of Police PS Kushaiguda Division filed the charge sheet against the accused No. 1 to 4 in Cr.No.102/2020 for the offences punishable u/sec.498(A), 304-B of IPC & Sec. 3, 4 & 6 of D.P Act.
2. The brief facts of the prosecution case are that 08.02.2020 at 03.45 PM the
SHO Neredmet received a complaint from complainant Smt.Diviti Anasuya, W/o
Bheemaiah, 32 Years, Caste: Bestha Occ: House wife, R/o 7-1-74/1, New
Premnagr, Mahabubnagar District wherein she stated that they were blessed with a son and daughter. Daughter Archana @ Shivani age: 26 years, Occ: House wife and her daughter’s marriage was solemnized on 10.11.2019 with Gundu
Shiva Charan (accused No. 1) which is an arranged marriage through elders at
Gayathri function Hall, Mahabubnagar in presence of both side elders. During marriage as per the demand of his father Gundu Durga Das (accused No.2), his wife Gundu Savithri (accused No. 3), and sister in law Mota Neelima(accused no.
4), complainant has given gold ornaments worth Rs. 7½ Lakh cash, before the marriage Archana was wearing 7 Tulas Ear Studs, chain, and ring. Rs.200000/- worth Rs house hold articles, Cash Rs.2,00,000/- and Adapaduchu katnam
Rs.10,000/-, Rs.80,000/- worth Rs. Silk Sarees, Almarah, Dressing Table towards dowry. After marriage the complainant's daughter Archana was sent for martial life at Pragathinagar, Sainathapuram, Hyderabad, and they lead a happy life, after that her son-in-law accused No. 1 started harassing her on each and every moment. She informed that her inlaws are Demanding bracelet 1 ½ tula, house
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plot subjected her for physical and mental harassment, for that they advised that these are common in martial life and sent her. That on 30.01.2020 Archana @
Shivani was sent to her parents house for additional dowry, the complainant spoken to her Son-In-law, his father and mother and sister pacified the issue requested to look after her welfare, along with that 1 ½ Tula Gold Chain, one
Sewing machine was given and sent to her inlaws house. That on 08.02.2020 at 11.00 AM Gundu Durga Dass accused No. 2 made phone call to the complainant which was not lifted in turn made call to the complainant’s husband and informed that there was a quarrel in the house, hence informed to take Archana @ Shivani to the complainant's house. Immediately they came to the Neredmet and came to Know that on 08.02.2020 around 10.30 AM the complainant's daughter
Archana @ Shivani committed suicide in the bedroom by hanging herself, to the ceiling fan was brought down and kept in front of the house. Due to the physical and mental harassment subjected by her in-laws the complainant’s daughter committed suicide, in this regard complainant raised suspicion over (Husband)
Gundu Shiva Charan, (Father in law) Gundu Durga Das, (Mother in law Smt.Gundu
Savithri) & Sister in law Smt.Mota Neelima. Requested to take necessary action.
3.a. Basing on the contents of petition the A.Narsimha Swamy, Inspector of
Police, Neredmet PS registered a case in FIR No 102/2020 U/s 304 B IPC of PS
Neredmet issued express FIR and copies to all concerned and informed superiors as the section of law attracts Dowry Death. Hence M.Shankar, Asst. commissioner of Police, Traffic Bhongir I/C Kusahiguda Division, took over the investigation.
Immediately a requisition submitted to Smt. Banoth Geetha, Tahisldar of
Malkajgiri Mandal for conducting inquest over the dead body of Gundu Archana
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@ Shivani, W/o Shiva Charan age: 26 years, as she died within 7 years of her marriage i.e, within 3 motiths 3.b.That on 08.02.2020 M.Shankar, Asst. Commissioner of Police, visited Scene of offence at Plot No 114, H.No.30-265/50/114, Pragathinagar, Sainathpuram,
Neredmet, Malkajgiri Mandal, Medchal Malkajgiri District there by securing the
Presence of Sri Banuri Renukaj and Sri.V.Vigneshwar observed the Scene of offence and he drafted scene of offence observation -cum – seizure panchanama and also prepared rough sketch of the scene of offence and Seized Chunni hanging to the ceiling fan under cover of panchanama. The scene was photographed by Sri Ashok, photographer. Smt. Banoth Geetha Tahsildhar
Malkajgiri Mandal, in the presence of Same Panch witnesses Smt.Banuri Renuka &
Sri.V Vigneshwar examined the witnesses Smt. Diviti Anasuya Mother of
Deceased, Sri Diviti Bheemaiah, father of Deceased, Sri Diviti Raju Paternal uncle of Deceased, Sri Chalka Srinivasulu Maternal uncle of deceased. Observed the corpse of Deceased Smt.Gundu Archana @ Shivani conducted inquest over the corpse and after completing inquest to know actual cause of death, the corpse was shifted to Gandhi Hospital Mortuary for preservation.
3.c.That on 08.02.2020 at Scene of offence, M.Shankar Asst. Commissioner of
Police recorded the statements of Sri. Diviti Jagadish own brother of Deceased, and also collected marriage photo graphs and wedding card. The investigation officer also examined and recorded statements of Sri Kodali Gopi Krishna, Smt
Kodali Sridevi, Sri.Govinda Raju Venakata Raju who are the neighbors to the deceased and accused. Also examined Sri Gootam Buchaiah, who brought marriage alliance. Later examined the staff of Vanaja Hospitals i.e., Smt. Md. Asha
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Begum who came to the house of the deceased and on verification declared that
Smt. Gundu Archana Shivani died. That on 09.02.2020 Dr.Venkata Nagaraju, Asst
Professor, Forensic Medicine Department, Gandhi Medical College & Hosptial,
Secunderabad, Conducted Autopsy over the Corpse of Deceased Smt.Gundu
Archana Shivani, After autopsy the corpse was handed over to their Kith and kin for funeral.
3.d.That on 09.02.2020, the accused No.1. Gundu Shiva Charan was arrested and produced before the court for judicial custody. That on 11.02.2020 the accused no.2 Smt.Gundu Savithri and accused No.3 Gundu Durga Das were also arrested and produced before the court for judicial custody. That on 17.02.2020 the Asst. Commissioner of Police, Kushaiguda division K. Shiva Kumar resumed investigation into this case . The accused No. 4 Mota Neelima Gundu Neelima approached the XVI Additional Metropolitan Sessions Judge, Cyberabad at
Malkajgiri and obtained anticipatory bail vide Cri.M.P.No: 126 of 2020, dated 24.07.2020. As per the directions of the XVI Additional Metropolitan Sessions
Judge, Cyberabad, the accused No. 4 surrendered before the II AJCJ cum XIX
Addl.MM court at Malkajgiri and released on bail by providing sureties.
Dr.Venkata Nagaraju, Asst Professor, Forensic Medicine Department, Gandhi
Medical College & Hosptial, Secunderabad has issued Post Mortem Examination report and cause of death was "HANGING".After completion of investigation, the investigation officer has filed the charge sheet against the accused Nos. 1 to 4 for the offences punishable u/sec. 498-A, 304-B of IPC and U.Sec. 3, 4 and 6 of
Dowry Prohibition Act.
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4.The case was taken on file for the offence punishable under section 498-A, 304-B of IPC and U.Sec. 3, 4 and 6 of Dowry Prohibition Act against accused nos.1 to 4 in PRC No.59/2020 by the learned II Addl. Junior Civil Judge Cum XIX Addl.
Metropolitan Magistrate, Cyberabad, Malkajgiri and committed the case to the
Metropolitan Sessions Judge, Cyberabad, at L.B. Nagar as the learned Magistrate having perused the record found the case as exclusively triable by the Court of
Sessions after furnishing the case copies to accused nos.1 to 4 as contemplated
under section 207 of Cr.P.C.
5. The Metropolitan Sessions Judge, Cyberabad took the case on file in SC No.
267 of 2021 and made over the case to the court of XVI Addl. District and
Sessions Judge, at Malkajgiri, RR District (presently Principal District and Sessions
Court, Medchal-Malkajgiri District, Malkajgiri at Kushaiguda) for the purpose of disposal according to law. During the pendency of this case that accused no. 3 died on 04-12-2021 and on filing the necessary death certificate, the case against accused No.4 was abated on 30-12-2021.
6.This court having considered the record, framed charges under section 498-A, 304-B of IPC and Sec. 3 and 4 of Dowry prohibition Act against the accused nos.1, 2 and 4 read over and explained to them in vernacular language for which they denied the said charges and pleaded not guilty and claimed to be tried.
7.During the course of trial to prove its case the prosecution has examined
PW-1 to PW-15 and marked Ex. P1 to Ex.P7 and MO1 and Ex.D1.
8. After closure of the prosecution evidence, the accused nos. 1, 2 and 4 were examined under section 313 Cr.P.C. with the incriminating evidence that is
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brought on record against them for which they denied the said evidence and reported no defence evidence.
9. Heard the arguments on both sides and perused the record.
10. Now the point for determination is :
Whether the prosecution has proved the guilt of the accused nos.1, 2
and 4 for the charges under 498-A, 304-B of IPC and Sec. 3 and 4 of
Dowry prohibition Act beyond reasonable doubt?
POINT:
11. The burden of proof is on the prosecution to prove the guilt of the accused
No. 1, 2 and 4 for the charges framed against them u/sec. 498-A, 304-B of IPC and
Sec. 3 and 4 of Dowry prohibition Act beyond reasonable doubt. In this regard, as stated above, the prosecution relied upon the evidence of PW.1 to PW.15 and the documents marked as Exs.P1 to P7 and MO1.
12.PW1, Smt. D. Anasuya, the mother of the deceased deposed that the marriage of her daughter Archana and accused No.1 was performed as per Hindu rites and customs on 10.11.2019 at Gayatri Function Hall, Mahabubnagar in the presence of elders on both sides and that her daughter Archana completed her
M.Sc. B.Ed course by the date of marriage and at the time of marriage, they presented 7½ tulas of gold to accused Nos. 1 to 4 and Rs.80,000/- towards marriage silk sarees and Rs.2,00,000/- towards marriage expenses and
Rs.20,000/- to Adapaduchu katnam to accused Nos. 1 to 4 and after the marriage, her daughter Archana joined conjugal society of accused No.1 at Pragati Nagar,
Neredmet and they lived along with accused Nos. 2 to 4 and that accused No.1 looked up her daughter properly for a period of 10 days after the marriage and then started harassing her demanding a gold bracelet of 1 ½ tula and one residential plot and that on 30.01.2020, her daughter reached their home at
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Mahabubnagar and after two days, they called accused Nos. 1 to 4 and sent
Archana along with them after handing over 1 ½ tulas of gold bracelet and one sewing machine as demanded by accused Nos. 1 to 4.
13.PW1 further deposed that Durga Das (accused No.3) informed her husband on phone on 08.02.2020 that disputes are taking place at his house and asked them to take back her daughter Archana to their home and that on 08.02.2020 at about 2:00 pm, she along with her husband Bheemaiah, her son
Jagadeesh and Deviti Raju came to the house of accused No.1 at Neredmet and found the dead body of her daughter near the gate of the said house and accused Nos. 1 to 4 were living at the first floor of the said house and that she observed that haldi was applied to the body of her daughter and accused Nos. 1 to 4 informed her that her daughter Archana had committed suicide by hanging and then she went to P.S.Neredmet and lodged the report Ex. P.1 with the police.
14.PW2, D. Bheemaiah, the father of the deceased deposed that the marriage of his daughter Archana and accused No.1 was performed as per Hindu rites and customs on 10.11.2019 at Gayatri Function Hall, Mahabubnagar in the presence of elders on both sides and immediately, after the marriage, his daughter
Archana joined conjugal society of accused No.1 at Pragati Nagar, Neredmet and they lived along with accused Nos. 2 to 4 and that for ten days, his daughter was looked after property after the marriage by accused Nos. 1 to 4 and then they started harassing his daughter demanding for additional dowry gold and plot and that on 30.01.2020, his daughter reached their home at Mahabubnagar and after two days, they called accused Nos. 1 to 4 and sent Archana along with them after handing over 1 ½ tulas of gold chain and one sewing machine as demanded by
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accused Nos. 1 to 4 and they also requested accused Nos. 1 to 4 to look after his daughter properly and that on 08.02.2020 at about 10.30 am, accused No.3 informed him on phone that his daughter has died and that he along with his family members reached Pragati Nagar, Neredmet to the house of accused Nos. 1 to 4 and found the dead body of the Archana at the ground floor of the house and that his daughter was killed within three months after the marriage by accused Nos. 1 to 4 and that his wife/PW1 lodged a report with the police and that his statement was recorded by the police.
15.PW3, Diviti Raju deposed that PW1 is his elder brother and that the marriage of Archana and accused No.1 was performed as per Hindu rites and customs on 10.11.2019 at Gayatri Function Hall, Mahabubnagar in the presence of elders on both sides and that the marriage was celebrated grand manner and we presented dowry of Rs.7,50,000/-, Rs.10,000/- towards Aadapaduchu katnam and Rs.80,000/- towards marriage sarees and that after the marriage, Archana joined conjugal society of accused No.1 at Pragati Nagar, Malkajgiri and they lived along with accused Nos. 2 and 3. PW3 stated that accused No.1 looked up
Archana properly for a period of 10 days after the marriage and then started harassing her demanding additional dowry, gold bracelet and plot. Archana also informed her mother on phone that accused No.1 is not attending any job though they were informed that he is a software employee and that one week or ten days prior to the death of Archana that they performed a small festival at their agricultural lands and the same was attended by accused Nos. 1 to 4 and they presented 1 ½ tulas of gold bracelet and one sewing machine as demanded by accused Nos. 1 to 4.
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16.PW3 further deposed that PW2 informed him on phone on 08.02.2020 that a dispute has taken place at the marital home of Archana and they shall go to
Hyderabad and accordingly, he along with PW1, PW2 reached the house of accused Nos. 1 to 4 at Pragati Nagar and found the dead body of Archana near the gate of the said house and accused Nos. 1 to 4 were living at the first floor of the said house and he went to the first floor of the house and observed the chunni hanging to the ceiling fan in the bedroom with which Archana committed suicide and that PW1 lodged a report with the police and his statement is recorded by the police at the scene of offence and that Archana committed suicide due to the demand of additional dowry made by accused Nos. 1 to 4.
17.PW4, Jagadeesh deposed that PW1 and PW2 are his parents and PW3 is his younger paternal uncle and deceased is his elder sister and that the marriage of Archana and accused No.1 was performed as per Hindu rites and customs on 10.11.2019 at Gayatri Function Hall, Mahabubnagar in the presence of elders on both sides and that the marriage was celebrated grand manner and they presented dowry of Rs.7,50,000/- for purchase of gold articles and they have also presented household articles and after the marriage, Archana joined conjugal society of accused No.1 at Pragati Nagar, Malkajgiri and they lived along with accused Nos. 2 and 3 and that accused No.1 looked up his sistery properly for a period of 10 days after the marriage and then started harassing her demanding
additional dowry, gold bracelet and plot. Archana also informed his mother
regarding the above harassment and his mother informed him regarding the same and that on 30.01.2020, Archana reached his house to attend a small function and that on 02.02.2020, the said function was held and accused Nos. 1 to
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4 attended the said function and on that day, they presented a small gold chain and also presented a sewing machine to Archana and sent her to her marital home along with accused Nos. 1 to 4.
18.PW4 further deposed that on 08.02.2020, he received phone call from accused stating that quarrels are taking place at their home with Archana, then, they sent the marriage elder/mediator Buchaiah to the house of accused Nos. 1 to 4. Buchaiah later called him on the same day and informed him that Archana has died and then, he along with his parents and others reached the house of accused Nos. 1 to 4 at Pragati Nagar, Neredmet and found the dead body of
Archana lying in front of the house at the ground floor and that Archana committed suicide due to the demand of additional dowry made by accused Nos.
1 to 4 and that his mother gave a report to the police and his statement was recorded by the police.
19.PW5, Govinda Raju deposed that his house is the next house to the house of accused No.1 and that on 08.02.2020, at about 9:00 am, he heard loud cries from the house of accused No.1 and as such he came out of his house and observed the dead body of wife of accused No.1 which was kept near the gate of their house at the ground floor and that accused No.1 and his parents were crying and that he verified with them as to how the wife of accused No.1 has died and he was informed by them that she died by committing suicide by hanging and later, police officials reached there and his statement was recorded by the police and that he does not have any personal knowledge about the marital affairs of accused No.1 and his wife.
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20.PW6, G. Buchaiah deposed that in the year 2019, he was one of the caste elders in their locality and accused used to come to him requesting him to propose a match for his son/accused No.1 for marriage and that he was also informed by Bheemaiah/PW2 that he is having a daughter and looking for a marriage proposal, on which, he informed that the son of accused is working as a software employee and proposed that it is a good match and that he gave the phone numbers of accused and Bheemaiah/PW2 to each other and subsequently, marriage talks took place between both the families and on one occasion, he accompanied accused No.1 to accused No.4 and their relatives to the house of Bheemaiah/PW2 at Marikel village, Mahabubnagar and that in the said marriage talks on that day, accused No.1 to accused No.4 demanded for a dowry of Rs.7,50,000/- and Bheemaiah/PW3 agreed to pay the same and they have also discussed about gifts of sarees and other household articles by either parties and that in the month of November, 2019, marriage of accused No.1 and the daughter of Bheemaiah/PW2 took place in the function hall at
Mahabubnagar and after the marriage, the daughter of Bheemaiah joined the conjugal society of accused No.1 at pragati Nagar, Neredmet and for some days they lived together happily.
21.PW6, further deposed that two months after the marriage, Bheemaiah informed him that accused No.1 to 3 are demanding his daughter to bring
additional dowry amount, for which, he replied it is upto them to decide whether
to pay or not to pay and in the month of February, 2020, on one day, Bheemaiah called him on phone and requested to him to visit the marital house of his daughter at Pragati Nagar since he was informed that some dispute was taking
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place with his daughter at the said house and then, he reached the house of accused No.1 to 4 accused No. 4 situated at Pragati Nagar, Neredmet, at about 10.30 am and found that the dead body of daughter of PW2 was kept near the gate at the ground floor and that he was informed at that place by the local people that the daughter of PW2 died by committing suicide by hanging and that he made phone calls to police and PW2 informing them about the death of the daughter of PW2 and later, PW2 and his family members came from
Mahabubnagar and his statement was recorded by the police.
22.PW7, Smt.Md. Asha Begum deposed that on 08.02.2020 at about 10am, she joined his duty at Vanaja Hospital on that day an at that time, around 10.30am, one male and female person came to their hospital and requested her to accompany them to check a female who is their sister-in-law who fell down at their residence and at that time, the MD of their hospital was not available and to look after the patient, she accompanied them and they took her to the second street behind their hospital at Sainathpuram and that she observed that the body of a female was lying near the main gate of the said house and she checked her pulse and she was not responding and she observed a ligature mark around the throat of the deceased and she questioned them regarding the said ligature mark and they did not answer to her and that number of colony people were also present there and that she informed them regarding the above fact and returned to her hospital and later, on the same day, her statement was recorded by the police.
23.PW8, Bhanuri Renuka deposed that on 08.02.2020 at about 04.00 Pm she accompanied Tahsildhar Malkajgir to the House Property situated at
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Sainathpuram along with VRO Vigneshwar and observed the dead body of
Archana at the ground floor of the house and they were taken to the first floor of the house and also observed the latch of a room door was broke open and inside the said room a blue colour chunni was hanging to the white colour ceiling fan and the same was seized by the police in their presence under the cover of scene of offence observation cum seizure panchanama and also prepared the rough sketch of the scene of offence and obtained their signatures on them and Ex.P2 is the scene of offence observation cum seizure panchanama dated 08.02.2020 at 04.00 PM and Ex.P3 is the rough skethc of scene of offence and that the
Tahsildhar, Malkajgiri conducted inquest panchanama over the dead body of
Archana in their presence and that she and Vigneshwar, VRO, Malkajgiri were of opinion that the deceased died by committing suicide by hanging and that she signed on the Inquest Panchanama prepared by Tahsildhar, Malkajgiri. Ex.P4 is the inquest panchanama dated 08.02.2020 at 04.30 PM. MO1 is the blue coloured chunni seized by the police at the scene of offence.
24.PW9 Ch. Venkatesh deposed that on 09.02.2020 at about 04.00 PM the
Inspector of police, P.S. Malkajgiri secured him and Vaddi Ramesh as mediators at
Police station Malkajgiri and shown Shiva Charan(accused No.1) present in court hall and pursuant to his confession the Inspector of police Malkajgiri prepared the confession statement of accused No.1 and obtained their signatures on them.
25.PW10, Ashok deposed that on 08.02.2020 at about 04.00 PM on the instructions of Inspector of police Neredmet, he reached the scene of offence situated at Pragathi Nagar, Neredmet and he has taken photographs of the dead
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body of female person and submitted the developed photographs (04 no.s) to the police and that the photographs shown to him are the same photographs taken by me and submitted to the police. Ex.P5 is the Photographs (04 nos) of the deceased and that his statement was recorded by the police.
26.PW11, Dr. K. Venkata Naga Raju deposed that on 09.02.2020 he received requisition from SHO Neredment to conduct postmortem examination on the dead body of Smt. Gunda Archana @ shivani Aged about 26 years and he observed the following external injuries over the dead body:
1. Ante-motem reddish brown pressure abrasion i.e., Ligature mark of size 26X2 cm present on front and sides of neck going obliqely upwards and backwards. The ligature mark is present 5 cm below the right ear, 4 cm below chin, 1 cm below left ear and leaving a 4 cm gap at the back side of the neck. Skin over the ligature mark is pale and parchment like. Underlying neck structures are contused. Hyoid bone and thyroid cartilage are intact.
And that he concluded the postmortem examination at about 02.15 pm on 09.02.2020 and that the approximate time of death is with in 30 hours prior to postmortem examination and that to the best of his knowledge and belief the cause of death of the deceased is due to “Hanging” and that he issued the Post mortem examination report dated 09.02.2020 Ex.P6 is the postmortem examination report dated 09.02.2020.
27.PW12 A. Narsimha Swamy the then Inspector of Police, PS Neredmet deposed that on 08.02.2020 at about 03.45 PM he received Ex.P1 report from D.
Anasuya/PW1 on the basis of which he registered a case in crime No.102/2020
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U/s 304 B IPC and submitted original FIR Ex.P.7 to the court and handed over the case to Incharge ACP, Kushaiguda Division M. Shankar.
28.PW13, V. Ramesh deposed that on 09.02.2020 at about 04.00 PM the
Inspector of police, P.S. Neredmet secured him and PW9 as mediators at Police station Neredmet and shown Shiva (accused No.1) who is now present in court hall and pursuant to confession of accused No.1 that M. Shankar, The Assistant commissioner of police, Neredmet prepared confession statement of accused no.1 and obtained their signatures on them.
29. PW14, Banoth Geetha, Tahsildar Malkajgiri deposed that on 08.02.2020 on the requisition of SHO, P.S. Neredment, she conducted inquest over the dead body of Smt. Gundu Archana @ Shivani from 4.30 pm at their residence at
Pragathi Nagar, Neredmet in the presence of the mediators Banuri Renuka/PW8 and V. vigneshwar and both the mediators were of the opinion that the deceased died by hanging and she prepared the inquest panchanama Ex.P4 and obtained the signatures of the mediators on it.
30.PW15, M. Shankar, the then Assistant Commissioner of Police, Incharge
Kushaiguda Division deposed that on 08.02.2020, he took up investigation in
Cr.No. 102/2020 of PS Neredmet for the offences punishable U/sec. 498-A, 304-B of IPC and Sec. 3,4 and 6 of Dowry Prohibition Act and that he gone through the contents of the complaint/Ex.P1 lodged by Smt.D.Anasuya (PW1) and that he visited the scene of offence which is situated at Flat No.114, H.No. 30- 265/50/114, Pragathi Nagar, Neredmet and observed the same in the presence of the mediators Bhanuri Renuka (PW8) and Sri Vigneshwar and drafted the scene
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of offence-observation panchanama/Ex.P2 and seized one chunni blue in colour/
MO1 and took the photographs of the scene of offence with the help of Sri
Ashok, photographer/PW10 and that he was informed that the dead body of
Archana was shifted to Gandhi Hospital, Secunderabad, then he gave requisition to Tahsildar, Malkajgiri to conduct inquest panchanama over the dead body of
Archana and that after completion of inquest panchanama, he gave a requisition to Superintendent, Gandhi Medical Hospital, Secunderabad to conduct autopsy over the dead body of Archana.
31.PW15 further deposed that on 08.02.2020 he recorded the statements of
PW1/Diviti Anasuya, PW2/Diviti Beemaiah, PW3/Diviti Raju, Chalka Srinivasulu,
Diviti Jagadeesh/PW4, Kodali Gopi Krishna, Kodali Sridevi, Govinda Raju/PW5,
G.Buchaiah/PW6, Ashok/PW10 and Md.Asha Begum/PW7 and that after completion of the autopsy over the dead body of the deceased, he handed over the dead body of the deceased to her blood relatives for conducting funeral rites and that on 09.02.2020, he arrested the accused No.1 at Pragati Nagar,
Sainathpuram, Neredmet and brought him to PS Neredmet and secured the presence of the mediators Ch.Venkatesh/PW9 and Vaddi Ramesh/PW13 and in their presence, questioned the accused and pursuant to his confession, he recorded the confessional statement of the accused and obtained the signatures of the mediators on it and after completion of arrest formalities, he produced the accused before the court for judicial custody.
32.PW15 further deposed that on 11.02.2020, he apprehended accused No.2 and accused No. 3 at Pragati Nagar, Sainathpuram, Neredmet and produced them before the court for judicial custody after completion of the arrest
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formalities and that on his transfer, he handed over the further investigation in this case to his successor K.Shiva Kumar who after receipt of post mortem examination report and photographs from PW10 and after completion of investigation filed charge sheet against accused No.1 to accused No. 4 for the offences punishable U/sec. 498-A, 304-B of IPC and Section 3,4 and 6 of Dowry
Prohibition Act and submitted the case property to the court. PW6 stated before him as in Ex.D1. Accused No.4 obtained anticipatory bail from the Honourable
High Court vide Crl.MP 6588/2021.
33. The main ingredients to prove the offence under Section 304-B of I.P.C., are as follows:
(i)that soon before the death, the deceased was subjected to cruelty and
(ii)harassment in connection with the demand of dowry;
(iii)the death of the deceased was caused by any burn or bodily injury or some other circumstance which was not normal;
(iv)such a death has occurred within 7 years from the date of her marriage;
(v)that the victim was subjected to cruelty or harassment by her husband, any rela- tive of her husband;
(vi)such a cruelty or harassment should be for, or in connection with the demand of dowry; and
(vii)it should be established that such cruelty and harassment were made soon before her death
34.The presumption drawn relating to dowry death has been contemplated in
Section 113B of the Indian Evidence Act, 1872, which states as follows :
“113B. Presumption as to dowry death - When the question is whether a per- son has committed the dowry death of a woman and it is shown that soon be- fore her death such woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death.
Explanation -
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For the purposes of this section, “dowry death” shall have the same meaning as in section 304B of the Indian Penal Code (45 of 1860).”
35.When the above ingredients are established by reliable and acceptable evi- dence, the said death shall be called a dowry death and such husband or his rela- tives shall be deemed to have caused her death. If the aforementioned ingredi- ents are satisfied in view of the special provision, the court shall presume and it shall record said fact as proved unless and until it is disproved by the accused.
However, it is open to the accused to adduce such evidence for disproving the conclusive presumption as the burden is unmistakably on him to do so and he can discharge such burden by getting an answer through cross examination of the prosecution witnesses or by adducing evidence on the defence side. Further, Sec.
113-B of Indian Evidence Act speaks about the presumption as to dowry death.
As stated earlier, the prosecution u/sec. 304-B of IPC cannot escape from the bur- den of proof that the harassment or cruelty was related to the demand for dowry and as such, harassment was caused “soon before her death”. The aforesaid pro- visions were considered by the Hon’ble Supreme Court of India in the reported decision at AIR 2011 SC 691 Bansilal Vs. State of Haryana wherein it was held that “While considering the case u/sec. 304-B of IPC, cruelty has to be proved during the close proximity of the time of death and it should be continuous and such continuous harassment, physical or mental, by the accused should make life of the deceased miserable which may force her to commit suicide”.
36.In view of the above evidence on record, the following facts are not disputed namely:
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(a)accused no. 2 is the mother of accused no. 1. accused No. 4 is the married sister of accused No. 1 and as per the prosecution case after the marriage accused no. 4 is living separately with her husband.
(b) The marriage of accused no. 1 took place with Archana alias
Shivani on 10-11-2019 at Gayathri function hall, Mahabubnagar in the presence of elders on both sides as per Hindu rites and customs.
(c) accused No. 1 is working in a private company and after the marriage Archana alias Shivani joined the conjugal society of accused
No.1 at Pragathi Nagar, Neredmet.
(d) PW1 lodged a report, the report Ex.P1 with SHO PS Neredmet on 08-02-2009 at about 03.45 PM stating that her daughter Archana alias Shivani died at her in-laws house at Pragathi Nagar, Neredmet and that on receiving phone call by her husband PW2 that they reached
Hyderabad to take her daughter back to Mahabubnagar and found the dead body of her daughter lying in front of the house and informed her by accused No. 1 and other that her daughter committed suicide in the bedroom on the first floor of the house at about 10.30 AM.
(e) The death of Archana alias Shivani took place within 3 months from the date of her marriage.
(f) The evidence of PW14 B. Geetha the then Tahsildar, Malkajgiri proves that she conducted inquest over the dead body of Smt. Gundu
Archana alias Shivani on 08-02-2020 at Pragathi Nagar, Neredmet on the requisition of SHO PS Neredmet in the presence of the mediators PW8
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Banuri Renuka and V. Vigneshwar and that both the mediators were of the opinion that the deceased died by committing suicide by hanging and that she prepared the inquest panchanama Ex.P4 and obtained signatures of the mediators on it.
(g) The evidence of the medical officer PW11 Dr. K. Venkata
Nagaraju the then Assistant Professor, Department of Forensic
Medicine, Gandhi Hospital shows that on 09-02-2020 that he conducted autopsy over the dead body of the deceased at Gandhi Hospital,
Secunderabad on the requisition of SHO PS Neredmet and that he came to the opinion that the deceased died due to “Hanging” and that he issued Ex.P6 postmortem examination reported dt. 09-02-2020.
(h) The evidence of PW1 to PW4 and PW6 shows that on reaching the house of accused No. 1 at Neredmet that they found the dead body of the deceased Archana alias Shivani near the gate lying in front of the house at the ground floor and that Archana died by committing suicide by hanging on 08-02-2020.
(i) The evidence of the investigation officer PW15 M. Shankar, the incharge Asst. Commissioner of Police, Kushaiguda Division shows that after registration of the case in Cr.no. 102 of 2020 of PS Neredmet for the offences punishable u/sec. 498-A, 304-B of IPC and U.Sec. 3,4 & 6 of
Dowry Prohibition Act by the Inspector of Police, PS Neredmet PW12 that he took up investigation in this case and reached the scene of offence at the house bearing Plot No. 114, House No. 30-265/50/114,
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Pragathi Nagar, Neredmet, that he was informed that a dead body was shifted to Gandhi Hospital, Secunderabad and that he observed the scene of offence in the presence of mediators Banuri Renuka PW8 and
Vigneshwar and drafted the scene of offence observation panchanma
Ex.P2 and seized one chunni blue in color MO1 and took the photographs of the scene of offence with the help of photographer
PW10.
(j) The independent mediator PW8 Banuri Renuka corroborated the evidence of PW15 that in her presence police officials have conducted scene of offence observation cum seizure panchanama Ex.P2 and prepared the rough sketch of the scene of offence Ex.P3 and seized
M.O.1 at the scene of offence and that she found the dead body of the deceased at the ground floor of the house and that they were taken to first floor of the house and also observed the latch of the room door was broke open and inside the room a blue colour chunni MO1 was hanging to the white colour ceiling fan and the same was seized by the police
(k) The evidence of the photographer Ashok PW10 shows that at the instance of CI of police, Neredmet, that he has taken the four photographs marked as Ex.P5 of the deceased at the scene of offence on 08-02-2020 at about 4.00 Pm and after developing the same submitted to police.
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(l) The evidence of the inspector of police PS Neredmet, A
Narasimha Swamy PW12 shows that he registered the case in Cr.no. 102 of 2020 u/sec. 304-B of IPC on the basis of Ex.P1 report lodged by PW1 on 08-02-2020 at 3:45 PM at PS Neredmet under Ex.P7 FIR and that the further investigation was taken up by PW15.
37. In view of the above evidence on record, the death of Smt.Archana alias
Shivani took place within seven years of her marriage and her death was unnatural death i.e., died due to hanging as per the opinion of the medical officer
PW11 who conducted autopsy over the dead body of the deceased. The evidence on record also proves that the scene of offence is situated at Plot No. 114, House
No. 30-265/50/114, Pragathi Nagar, Neredmet at the first floor in the bed room wherein accused no. 1, the deceased were living together along with accused No.
2 and 3. The evidence of PW7 Smt. Asha Begum who is working as a Nurse in a private hospital shows that on 08-02-2020 she was taken to a house behind their hospital at Sainathpuram and found the body of a female was lying near the main gate of the said house and she checked her pulse and was not responding and she observed a ligature mark around the throat of the deceased and she questioned the person present there but they did not answer to her. Hence, in view of the above evidence on record, the prosecution has proved that
Smt.Archana alias Shivani committed suicide at her marital house by hanging with
MO1 Chunni to the ceiling fan in the bed room of the said house.
38.The first charge framed against the accused nos.1, 2 and 4 is for the offence punishable U/s.3 of Dowry Prohibition Act. Sec.3 of Dowry Prohibition
Act, provides punishment for giving or taking dowry. In the instant case, the
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charge against accused nos.1, 2 and 4 is that at the time of marriage of accused no.1 and the deceased Archana @ Shivani, that the parents of Archana have provided net cash of Rs.2.00 lakhs towards dowry, gold ornaments worth Rs.7.50 lakhs and Adapaduch katnam of Rs.10,000/- and that thereby accused nos.1, 2 and 4 have committed offence punishable U/s.3 of Dowry Prohibition Act.
39.In support of the said charge, prosecution relied upon the evidence of PW1 to PW4 and PW6. PW1 is the mother of deceased and the Informant in this case and in the chief examination PW1 stated that at the time of marriage, they presented 7 ½ tulas of gold to accused Nos. 1 to 4 and Rs.80,000/- towards marriage silk Sarees and Rs.2.00 lakhs towards marriage expenses and
Rs.20,000/- Adapaduchu Katnam. PW2 father of the deceased deposed only regarding the performance of marriage of accused no.1 and Archana @ Shivani on 10-11-2019 at Gayatri Function Hall, Mahabubnagar in the presence of elders on both sides and did not depose anything with regard to presentation of gold or dowry to accused nos.1 to 4. PW3 Diviti Raju, Younger brother of PW2 deposed that at the time of marriage of accused no.1 with Archana that they have presented dowry of Rs.7.50 lakhs, Rs.10,000/- Adapaduchu Katnam and
Rs.80,000/- towards marriage sarees. Similarly, PW4 Jagadeesh, brother of the deceased and the son of PW1 and PW2 deposed that at the time of marriage, they have presented dowry of Rs.7.50 lakhs for purchase of gold articles and they have also presented household articles. PW6 G.Buchaiah, the marriage elder mediator deposed that in the marriage talks, accused nos.1 to 3 demanded for dowry of Rs.7.50 lakhs and PW3 agreed to pay the same and that they have also discussed about gifts of sarees and other household articles by either parties. In
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this case no documents, videographs or photographs are produced by the prosecution to show that the above said gold articles, Adapaduchu Katnam were presented by PW1 and her husband to accused nos.1, 2 and 4 prior to the marriage or at the time of marriage and that the same was demanded by accused nos.1, 2 and 4 and in such circumstances I am of the considered opinion in view of the non corroboration in the above evidence of PW1 to PW4 and PW6 as to the presentation of dowry or with regard to the gold articles and Adapaduchu
Katnam and as such, it shall be concluded that the prosecution has failed to prove the guilt of accused nos.1, 2 and 4 for the charge punishable U/s.3 of
Dowry Prohibition Act beyond reasonable doubt.
40.The main charges against accused nos.1, 2 and 4 are for the offence punishable U/s.498-A and 304-B of IPC and Sec.4 of Dowry Prohibition Act, that accused nos.1, 2 and 4 have harassed Archana @ Shivani after the marriage demanding her to bring additional dowry from her parents house and that thereby Archana committed suicide by hanging herself to the ceiling fan on 08- 02-2020 at about 10.30 a.m. and that the said death of Archana took place within seven (7) years of her marriage due to the dowry demand and that thereby accused nos.1, 2 and 4 are liable for the above offences. As stated above, the death of Archana by committing suicide by hanging on 08-02-2020 at about 10.30 a.m. is proved by prosecution by examining the above prosecution witnesses and that the said death took place well within the period of three months from the date of marriage of accused no.1 and Archana which took place on 10-11-2019.
41.A. PW1 in the chief examination deposed that after the marriage, her daughter Archana joined the conjugal society of accused no.1 at Pragati Nagar,
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Neredmet and they lived along with accused nos.2 to 4 and that accused no.1 looked after her daughter properly for a period of 10 days after the marriage and then started harassing her demanding gold bracelet of 1 ½ tula and one residential plot. PW1 deposed that on 30-01-2020, her daughter reached her home at Mahabubnagar and after two days, they called accused nos.1 to 4 and sent Archana along with them after handing over 1 ½ tulas gold bracelet and one sewing machine as demanded by accused nos.1 to 4 and that on 08-02-2020 her husband received phone call from accused no.3 to take back Archana to their home and they reached Hyderabad at about 2.00 p.m. and they found the dead body of her daughter near the gate of the house of accused nos.1 to 4.
41.B. PW2 – Bheemaiah, father of the deceased deposed in his chief examination that immediately after the marriage, his daughter Archana joined the conjugal society of accused no.1 at Pragati Nagar, Neredmet and lived along with accused nos.2 to 4 and for ten days, her daughter was looked after properly and then accused nos.1 to 4 started harassing his daughter demanding for
additional dowry of gold and plot and that on 30-01-2020 his daughter reached
their home at Mahabubnagar and after two days, they called accused nos.1 to 4 and sent Archana along with them after handing over 1 ½ tulas gold chain and one sewing machine as demanded by accused nos.1 to 4 and they also requested accused nos.1 to 4 to look after his daughter properly. PW2 stated that on 08-02- 2020 at about 10.30 a.m., accused no.3 informed him on phone that his daughter has died and that he along with his family members reached Pragati Nagar,
Neredmet to the house of accused nos.1 to 4 and found the dead body of
Archana at the ground floor of the house.
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41.C. PW3 – Diviti Raju, brother of PW2 deposed corroborating the evidence of
PW1 and PW2 and further deposed that Archana informed her mother on phone that accused no.1 is not attending any job, though they were informed that he is a software employee.
41.D. PW4 – Jagadeesh, brother of the deceased also corroborated the evidence of PW1 to PW3 and further deposed that Archana informed his mother regarding the above harassment and his mother informed him regarding the same and that on 30-01-2020 Archana reached their house to attend a small function and that on 02-02-2020 accused nos.1 to 4 attended the said function and on that day, they presented a small gold chain and also presented a Sewing machine to
Archana and sent her to her marital home along with accused nos.1 to 4 and that on 08-02-2020, his father received phone call from accused no.3 stating that quarrels are taking place with Archana at their home and then they sent marriage elder Buchaiah to the house of accused nos.1 to 4 and later Buchaiah called him on the same day and informed him that Archana has died.
41.E. PW5 – Govinda Raju, neighbour to the house of accused no.1 and deceased at Pragati Nagar, Neredmet deposed that on 08-02-2020 at about 9.00 a.m., he heard loud cries from the house of accused no.1 and as such, he came out of his house and observed the dead body of the wife of accused no.1 was kept near the gate of their house at the ground floor and that on verification and on enquiry, he was informed that wife of accused no.1 died by committing suicide by hanging and that he does not have any personal knowledge about the marital affairs of accused no.1 and his wife.
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41.F. PW6 – G.Buchaiah, marriage elder deposed that after the marriage, the daughter of Bheemaiah joined the conjugal society of accused no.1 at Pragati
Nagar, Neredmet and for some days, they lived together happily and two months after the marriage, Bheemaiah informed him that accused nos.1 to 3 are demanding his daughter to bring additional dowry amount, for which, he replied it is up to them to decide whether to pay or not to pay and that in the month of
February, 2020, PW2 called him on phone and requested him to visit the marital house of his daughter at Pragati Nagar, since he was informed that some disputes were taking place with his daughter at the said house and that he reached the house of accused no.1 and 3 situated at Pragati Nagar, Neredmet at about 10.30 a.m. and found the dead body of daughter of PW2 was kept at the gate near the ground floor and that he was informed by the locality people that the daughter of PW2 died by committing suicide by hanging and he made phone calls to police and PW2 informing about the death of daughter of PW2.
42.In view of the above evidence of PW1 to PW4 and PW6 that after the marriage, Archana was looked after properly by accused no.1 for a period of 10 days and then accused no.1 started harassing her demanding her to bring 1 ½ tula gold bracelet and plot and that the said demand of accused no.1 was complied by PW1 and PW2, when accused nos.1 to 4 attended a small function at
Mahabubnagar on 02-02-2020 and that on the same day Archana was sent along with accused nos.1 to 4 to Pragati Nagar, Neredmet and that Archana committed suicide on 08-02-2020 in the morning hours.
43.The plea of the accused nos.1, 2 and 4 is one of total denial and that
Archana had dispute with her mother PW1 on the ground that when accused
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nos.1 to 4 attended the family function at Mahabubnagar, that they were not received properly when they visited the house for the first time after the marriage and that Archana was very stubborn and having lot of anger issues.
accused nos.1, 2 and 4 having taken the said plea by giving suggestions in the cross examination of PW1 to PW4 but failed to prove the same as none of the prosecution witnesses have admitted the same.
44.The learned counsel for the accused nos.1, 2 and 4 contended that the prosecution has failed to prove the guilt of accused nos.1, 2 and 4 beyond reasonable doubt by adducing cogent evidence with regard to the demand of alleged dowry and that the death of Archana is due to demand of additional dowry and in support of this contentions, relied upon the reported decisions 1.2023 (3) ALT (Crl) 325 (TS) Gundu Venkata Sai Kumar Vs. State of Telangana.
2.2026 (1) ALT (Crl) 237 (DB) (AP) Malkari Radha Bai and Another Vs. State of AP.
3.2024 (3) ALT (Crl) 109 (SC) Mulakala Malleshwara Rao and Another Vs. State of Telangana.
The ratio laid down in the above reported decisions is settled law, but the facts of this case are not similar to the facts of the above reported cases and in such circumstances, no reliance can be placed on the above reported decisions and admittedly the death of Archana @ Shivani occurred within a period of one week after she returned from her parents house and no panchayats were held on behalf of both parties with regard to any marital disputes.
45.a. In a reported decision of 2011 4 SCC 427 Bachni Devi & Anr vs State Of
Haryana it was held that the demand for property or valuable security made at or after performance of the marriage constitutes a dowry demand. The cause or
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reason for such demand is immaterial and that the deceased was harassed by the accused after her father denied to fulfill the demand and that the harassment driven the deceased to commit suicide is a dowry death.
45.b. Similarly in a reported decision at (2021) 6 SCC 1 Satbir Singh vs The State
Of Haryana, it was held that the phrase “Soon before death” cannot mean immediately before and that a close and live link between dowry death and cruelty or harassment by the husband and the relatives must exist.
46.In the cross examination, PW1 admitted that by the date of marriage of
Archana and accused no.1, that the marriage of accused no.4 was performed and she was having small daughter and that after the marriage, accused no.4 was living with her husband at Bangalore as her husband was working at Bangalore.
47.On the basis of evidence on record that presumption as to dowry death would get activated upon the evidence of PW1 to PW4 and PW6 that Archana @
Shivani had been subjected to cruelty or harassment in connection with the demand for residential plot and1 ½ tula gold towards additional dowry by the accused No.1 and that the demand for 1 ½ tula gold has been complied by the parents of Archana @ Shivani and that the said demand was in the reasonable contiguity of death. As stated above, charge has been framed under Section 498A, 304-B I.P.C. and under section 4 of Dowry Prohibition Act against accused
No.1 and that and in terms of provision under Section 113-B of the Indian
Evidence Act, prosecution has proved its case beyond reasonable doubt on following ingredients of Section 304-B I.P.C. namely; "(a) The marriage was within seven years,
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(b) Cause of death was unnatural
(c) Soon before the death the deceased was subjected to cruelty or harassment by the accused No.1"
Thereupon in terms of provision of 113-B of the Evidence Act, onus will be shifted on the accused No.1 to explain that in what circumstances the deceased died and in the instant case, as stated above the prosecution has established that soon before death the deceased was subjected to cruelty or harassment by the accused No.1 for demand of additional dowry.
48.Further, Sec. 304-B of IPC does not categorize death as homicidal or suicidal or accidental. The key words u/sec. 113-B of Indian Evidence Act are “Shall presume” leaving no option with the court to presume an accused brought
before the said Court of causing a dowry death guilty of the offence. However,
as stated above, the said presumption u/sec. 113-B of Indian Evidence Act is a rebuttable presumption which enables an accused to prove his innocence and places a reverse onus of proof on the accused. In the instant case, accused no.1 has failed to prove beyond reasonable doubt that Archana @ Shivani died a natural death. This Court is of the view that the presumption of Section 113- B of the Evidence Act is attracted in this case and the discussion that is made hereinabove makes it abundantly clear that the defence could not displace the said presumption. The culpability of the accused No.1 in committing this crime is established to the hilt by the facts and circumstances proved by the prosecution.
The accused No.1 is undoubtedly the author of this crime. The irresistible conclusion is the the demand of additonal dowry in the form of 1 ½ tula of Gold bracelet and residential plot raised by the accused No.1 within a period of three months of the marriage persisted as it was not completely satisfied by the
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parents of the deceased. The prosecution has successfully proved the persistent demand of a residential plot as a part of additional dowry by the accused No.1.
Thus the provisions of Sec.498A, 304-B of IPC and Sec. 4 of Dowry Prohibition Act are fully attracted to the evidence on record against the accused no.1.
49.Having arrived at the above conclusion, the issue before this Court is as to whether in the facts and circumstances of the instant case, the accused No.2 and 4 should also be held equally guilty as the accused No.1. The evidence of PW.1 shows that the accused no.1 harassed his daughter demanding additional dowry amount. The above evidence of PW.1 is corroborated by the evidence of PW.2 to
PW4. The evidence of PW1 also shows accused No. 4 is married and living along with her husband and her son at Bangalore. Therefore, there is no specific role with regard to the demand of additional dowry nor has any specific instance of cruelty and harassment been ascribed to the accused Nos.2 and 4 except for the general assertion and in such circumstances I am of the considered opinion that the accused Nos.2 and 4 deserve to be given the benefit of doubt and they are entitled for acquittal of the charges framed against them.
50.In view of the above discussion, I am of the considered opinion that
Archana @ Shivani suffered death at her matrimonial home, otherwise than un- der normal circumstances, within seven years of her marriage and the evidence on record proves that the death of Archana @ Shivani was a dowry death and that the harassment of the deceased was with a view to coerce her to bring addi- tional dowry amount from her parents house. The evidence of PW1 to PW.4 and
PW6 and the documents marked as Ex.P.1 clearly establish the legal require- ments to prove the guilt of the accused no.1 for the charge u/sec. 498A, 304-B of
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IPC and Sec. 4 of Dowry Prohibition Act beyond all reasonable doubt with the aid of Sec. 113-B of the Indian Evidence Act and in such circumstances, the accused no.1 is liable to be convicted for the offences u/sec.498A, 304-B of IPC and Sec. 4 of Dowry Prohibition Act. As discussed above, accused no.2 and 4 are found not guilty for the charges framed against them and they are entitled for acquittal for the said charges. The point is answered accordingly in favour of the prosecution and against the accused no.1.
51. In the result, the accused no.1 is found not guilty of the offence punishable under Sec. 3 of the Dowry Prohibition Act and the accused nos.2 and 4 are found not guilty for the offences punishable under Section 498A, 304-B of
I.P.C., and under Section 3 and 4 of the Dowry Prohibition Act, and accordingly the accused nos.2 and 4 are acquitted of the said offences under Sec.235(1) of the Cr.P.C. Further the accused no.1 is found guilty of the offences punishable under Sec. 498A and 304-B of the I.P.C., and under Section 4 of the Dowry
Prohibition Act, and accordingly he is to be convicted under Sec.235 (2) Cr.P.C. for the said offences.
Typed to my dictation by Stenographer Gr.1, corrected and pronounced by me in open Court on this the 16 th day of May, 2026
Principal District and Sessions Judge,
Medchal Malkajgiri Dist. at Kushaiguda
Dt: 16.05.2026:
52.The accused No.1 is present and regarding the quantum of sentence for the offence punishable under section 498 A, 304-B of IPC and under Section 4 of
Dowry Prohibition Act is appraised to the accused No.1 and when questioned the
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accused No.1 stated that he is having responsibility to look after his old aged mother and that he is not guilty for the above offences and hence to take a le- nient view.
53.In the instant case, the prosecution has proved the guilt of the accused
No.1 beyond reasonable doubt for the charges under Sections 498A, 304-B of the
I.P.C., and under Section 4 of the Dowry Prohibition Act framed against him and no lenient view can be taken regarding the sentence, hence the Court has to award proper sentence after considering the facts and circumstances of this case and the aggravating and mitigating factors in a dispassionate manner. The Court will be failing in its duty if proper punishment is not awarded for a crime which has been committed not only against the individual victim but also against the so- ciety to which the criminal and victim belong.
54. In the result, the accused No.1 is sentenced to undergo Imprisonment for
Life and also to pay a fine of Rs.10,000/- (Rupees ten thousand only), in default, to suffer simple imprisonment for a period of three months for the offence of causing Dowry Death under Sec.304-B of IPC. The accused No.1 is further sen- tenced to undergo Rigorous Imprisonment for a term of Two Years and also to pay a fine of Rs.5,000/- (Rupees Five thousand only), in default, to suffer simple imprisonment for a period of three months for the offence punishable under sec- tion 498A of IPC for causing cruelty to the deceased for demand of additional dowry. The accused No.1 is further sentenced to undergo Rigorous Imprison- ment for a term of Two Years and also to pay a fine of Rs.5,000/- (Rupees Five thousand only), in default, to suffer simple imprisonment for a period of three months for the offence of penalty for demanding dowry under Sec.4 of the
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Dowry Prohibition Act. The period of remand undergone (i.e) from 09-02-2020 to 02.05.2020 (84days) shall be set off in terms of Section 428 of Cr.P.C. All the substantive sentences shall be run concurrently. M.O.1 shall be destroyed after lapse of appeal time. The Office is directed to furnish a copy of the Judgment to the accused no.1 as required under Sec.363 Cr.PC., enabling him to prefer an ap- peal within thirty days from today.
Typed to my dictation by Stenographer Gr.1, corrected and pronounced by me in open Court on this the 16 th day of May, 2026.
Principal District and Sessions Judge,
Medchal Malkajgiri Dist. at Kushaiguda
APPENDIX OF EVIDENCE
WITNESS EXAMINED
FOR PROSECUTION:
ProsecutionName of the WitnessDescription Witness No. PW1 D. AnasuyaMother of the Deceased and informant in this case PW2D. BheemaiahFather of the Deceased PW3Diviti RajuPaternal Uncle of the Deceased PW4JagadeeshYounger Brother of the Deceased PW5Govinda RajuNeighbour of the deceased PW6G. BuchiahMediator for the marriage of the deceased and accused No.1 PW7Smt. Mohd. Asha Nurse in a Private Hospital who examined the Begumdeceased and declared that she is dead. PW8Bhanuri RenukaIndependent Mediator who attested the scene of offence observation cum seizure panchanama, Rough Sketch of the scene of offence, inquest Panchnama PW9C H. VenkateshIndependent Mediator for the confession of the accused No.1 PW10AshokPrivate Photographer PW 11Dr. K.Venkata Medical Officer who conducted NagarajuPostmortem examination over the dead body of the deceased.
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SC No.267 of 2021
PW12A. Narasimha SwamyInspector of Police PS Neredmet, who registered the case PW13E. RameshIndependent Mediator for the confession of the accused No.1 PW 14Banoth GeethaTahsildar, Malkajgiri Mandal who conducted the inquest over the dead body of the deceased PW15M.ShankarThe Investigating Officer in this case
FOR DEFENCE: - NIL -
EXHIBITS MARKED
FOR PROSECUTION:
Exhibit No.Description of the Exhibit 1The Report lodged by PW1 with PW12 dated 08.02.2020 2Scene of offence observation cum seizure panchanama dated 08.02.2020 3Rough sketch of scene of offence dated 08.02.2020 4Inquest Panchanama dated 08.02.2020 5Photographs (4) in Number 6Postmortem examination report dated 09.02.2020 7Original FIR in Cr. No. 102 of 2020 of PS Neredmet dated 08.02.2020 FOR DEFENCE:
Exhibit No.Description of the Exhibit
1.Portion of the Section 161 of the CrPC. Statement of PW6
MATERIAL OBJECTS
Material ObjectDescription of the Exhibit No. 1Blue Colour Chunni
Principal District and Sessions Judge,
Medchal Malkajgiri Dist. at Kushaiguda