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2003 DIGILAW 183 (AP)

Public Prosecutor, High Court of A. P. v. LOKULA RAMESH

2003-02-04

GOPALA KRISHNA TAMADA

body2003
GOPALA KRISHNA TAMADA, J. ( 1 ) THIS appeal is preferred by the State against the judgment of the learned Additional Sessions Judge, Adilabad in S. C. No. 612 of 1996 acquitting the respondent/accused of the offence punishable under Section 304-B IPC. As the deceased by name Bhoodevi committed suicide within seven months of her marriage and also in view of the letters addressed by her, which were marked as Exs. P2, P3, P13, P14 and P16, the Police, in their usual haste, filed the charge sheet against the respondents herein for the alleged offence under Section 304-B IPC. The learned Additional Sessions Judge, Adilabad, who tried the respondents herein in S. C. No. 612 of 1996 for the said offence acquitted them. Hence, the present appeal by the State. ( 2 ) THE case of the prosecution is that the marriage between the deceased Bhoodevi and the 1st respondent/accused was performed on 5. 3. 1995 and at the time of marriage, the parents of the deceased gave an amount of Rs. 1,50,000/- towards dowry on condition that the 1st respondent should purchase a Hero Honda Motor Cycle from out of the said amount. The deceased was a post-graduate (M. Sc) and was working as a lecturer in Nana Patel Junior College, Adilabad and the 1st respondent and the deceased lived together happily for quite some time after the marriage. However, the harassment started two months after the marriage and on account of the same the deceased brought some amounts from her parents on two or three occasions and gave the same to the 1st respondent. However, since the harassment did not end there, the deceased, being disgusted with the attitude of the respondents herein, decided to put an end to her life and accordingly addressed letters to all her relatives and friends on 26. 10. 1995 and handed over the same to her sister. On 27. 10. 1995 she returned to Adilabad from her parents place and there she committed suicide by pouring kerosene on her body and setting fire. The deceased died on account of the said burn injuries. Basing on the report given by P. W. 1, the criminal law was set into motion and after investigation, the charge sheet was filed by P. W. 16, the Investigating Officer for the alleged offence under Section 304-B IPC. The deceased died on account of the said burn injuries. Basing on the report given by P. W. 1, the criminal law was set into motion and after investigation, the charge sheet was filed by P. W. 16, the Investigating Officer for the alleged offence under Section 304-B IPC. In order to bring home the guilt of the accused, the prosecution examined P. Ws 1 to 16, got marked Exs. P1 to P30. No evidence was adduced by the accused. The court below, accepting Exs. P2, P3, P13, P14 and P16, came to the conclusion that the offence punishable under Section 304-B IPC as alleged against the respondents herein is not proved and acquitted them of the said charge. ( 3 ) HEARD the learned Public Prosecutor and the learned counsel appearing for the respondents. Exs. P2 and P3 are the papers containing the hand-writing of the deceased in Telugu. Exs. P6, P7, P8, P13 and P14 are the letters written by the deceased to various persons. From a perusal of these documents it is clear that the hand writing in Exs. P2 and P3 are identical with the hand writing in Exs. P6, P7, P8, P13 and P14. Hence, it is clear that Exs. P6, P7, P8, P13 and P14 are the letters written by the deceased herself. In Exs. P6, P7, P8, P13 and P14, which were relied upon by the prosecution, the deceased described her husband i. e. the 1st respondent herein, as God, a stubborn person with tactful attitude etc. Further, nowhere in those letters she attributed any sort of harassment being suffered by her at the hands of the respondents herein either physically or mentally. No doubt, it is true that a presumption under Section 113-A of the Evidence Act has to be drawn if the death of the bride takes place within seven years from the date of marriage, but, such a presumption can only be drawn provided there is acceptable evidence. In the light of Exs. P6, P7, P8, P13 and P14, the evidence let in by the prosecution about the alleged harassment caused to the deceased cannot be accepted. In the light of the above discussion, I see no reason to interfere with the well considered judgment of the Court below and accordingly, the appeal is dismissed.