Dismissed

G.Padmavathi, Visakhapatnam., v. a.Suryanarayana Gupta, Yelamanchili and 4 Otrs, Rep Pp.

Andhra Pradesh HC2 Jan 2023CRLA/721/2014

Case brief

AI extract

What is this about?

An informant challenged acquittal on murder and dowry-death charges. The Court found no grounds to interfere, held that dowry harassment was not established and suicide could not be ruled out, and found no material for a cruelty conviction. The appeal was dismissed and the acquittal confirmed.

What the court decided

AI extract

G.Padmavathi, Visakhapatnam., Vs a.Suryanarayana… — Dowry and Cruelty | Andhra Pradesh HC (2023)

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'A
CJ
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 13 N

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MONDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

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CRL.A No. 721 OF 2014

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Appeal Filed under Section 372 of Cr.P.C praying to set aside the finding of acquittal recorded in judgment dated 05-02-2014 by the Hon'ble VII Additional Sessions Judge, (Fast Track) Visakhapatnam.

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Between: .

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G. Padmavathi, \N/o G.Venkateswara Rao. Housewife R/o Opp Venkateswara Pan Shop. Near Andhra University. Visakhapatnam. ' ...Appellant

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AND

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A. Suryanarayana S/o. Late. Kameswara Rao. Occ: Business, R/o. . Bhavanarn Veedhi, Yelmanchili.

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2- A NagarTrinadha Eswara Rao, S/o. Late. Kameswara Rao. Occ: Business R/o. Bhavanarn Veedhi, Yelmanchili.

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A. Manga Mani. W/o. Late Kameswara Rao. Occ: Housewife. R/o. Bhavanarn Veedhi, Yelmanchili.

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A.Kasi Annapurna, \N/o. Naga Trinadha Eswara Rao, Occ: Housewife R/o Bhavanarn Veedhi, Yelmanchili.

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The State, rept. by the Public Prosecutor. PS.. Yelamanchili.**

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...Respondent

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Counsel for the Appellant: SRI DUVVURI SURYA NARAYANA

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Counsel for the Respondent: SRI D. PURNACHANDRA REDDY

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Counsel for the Respondent: THE PUBLIC PROSECUTOR

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The Court made the following: JUDGMENT

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THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR .

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AND

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THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI

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Criminal Appeal No.721 of 2014

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TUDGMENT:- (PerHon'ble Sri Justice C.Praveen Kumar)

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The present Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, came to be filed by one G. Padmavathi (PWl) against the judgment of acquittal passed in Sessions Case No.322 of 2012 on the file of VII Additional Sessions Judge (FTC), Visakhapatnam. Originally, the accused were tried for the offences punishable under Section 302 read with 34IPC and Section 304-BIPC. 2. The gravamen of the charge against the accused is that on 05.02.2011 at about 06:00 PM at Bhavanam Veedhi, Yelamanchili Town, the accused caused the death of the deceased while she was sleeping. It is said that Accused No.3 caught hold of the legs; Accused No.4 sat on the chest; Accused No.2 caught hold of both the hands by pressuring to the bed; and Accused No.l put pressure on the neck and mouth causing the death of the deceased.

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The facts of the case are as under:

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PWl is the mother, PW2 is the aunt, PW3 is the father and PW4

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is the brother of the deceased viz., Nandini. The marriage of the deceased, who is the daughter of PWs.l & 3, was performed with

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Accused No.l, on 01.10.2009. It is said that at the time of marriage, an amount of Rs.3,00,000/- was paid as dowry to Accused No.l apart from paying Rs.50,000/- to Accused No.3 and sare samans worth Rs.l>00,000/- It is said that after marriage, both of them lived happily for a very short time and thereafter Accused No.l and his family members started demariding the deceased to bring additional dowry. The harassment was to the effect that had Accused No.l married another girl, they would have got Rs.10,00,000/as dowry. While things stood thus, on 25.07.2010, the deceased gave birth to a female child. After delivery, the accused again started harassing the deceased on the ground that she gave birth to a female child and that the said child is dark in complexion. They also demanded Rs.10,00,000/- for purchase of fax machine. At that time, the father of the deceased informed the accused that he is not in a position to give so much of money, but, however advised them to obtain loan by depositing the degree certificate of the deceased.

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On 05.02.2011 at about 12:15 PM, PWs.l, 2 & 4 went to Yelamanchili to see the deceased. During the said time, they requested Accused Nos.l & 3 to send their daughter to their house since the health of their grand daughter is not good. But they refused to send the deceased inspite of repeated requests made. At that time, the

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deceased informed PWs.l & 3 that if she is not taken with them, there is every likelihood of her being killed. It is said that while PWs.1,2 & 4 were returning to Visakhapatnam, Accused No.l telephoned stating that the deceased went into her room and locked the door from inside. It is said that though they were knocking the door, there is no response from inside. Immediately thereafter, neighbors of the deceased also called PWl and informed that the deceased committed suicide by hanging herself to a ceiling fan. On receiving the said information. PWs.l, 2 & 4 returned to Yelamanchili and lodged a report fixing the liability on the accused for the death of the deceased. Ex.Pl is the report. Basing on the said report, PW13, who was working as Assistant Sub-Inspector, Yelamanchili Town Police Station, registered a case in Crime No.lO of 2011 of Yelamanchili Town Police Station against the accused for the offences punishable under Sections 302,. 304-B, 498-A IPC and Sections 3 & 4 of the Dowry Prohibition Act. Ex.PlB is the FIR. Further investigation in this case was taken up by PW14, who was working as Additional S.P in Visakhapatnam. He proceeded to the scene of offence and in the presence of PW9, prepared an observation report of the scene, which is marked as Ex.P6. He also prepared a rough sketch of the scene, which is marked as Ex.P19. Thereafter, sent requisition to Mandal Executive Magistrate for

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holding inquest over the dead body of the deceased. PWlO who was the Mandal Executive Magistrate at that time, conducted inquest over the dead body of the deceased on 06.02.2011 from 10:00 AM to 01:00 PM in the presence of PW9 and others and thereafter sent the body for post mortem examination. Ex.P7 is the inquest report PW12,whowas working as Assistant Professor, Forensic Medicine, AMC, Visakhapatnam, conducted autopsy over the dead body of the deceased and issued Ex.PlS, Post Mortem Certificate. According to the Doctor, the cause of death was due to Asphyxia due to pressure on neck. The Doctor also opined that injury No.3 is fatal injury and that the said injury being a oblique ligature mark, indicates more in favour of a suicide. PW14 who continued with the investigation arrested the accused and after coUecting aU the necessary documents fUed a charge sheet, which was taken on fUe as P.R.C.No.10 of 2011 on the file of the learned Additional Judicial Magistrate of First Class, Yelamanchili.

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was

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On appearance of the accused, copies of the documents, as required under Section 207 Cr.E.C., were suppUed to them. As the offences are triable by a Court of Sessions, the case was committed to the Court of Sessions under Section 209 Cr.P.C Accordingly, the same was made over to the Court of the learned VH AddlHonal Sessions

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Judge, (FTC), Visakapatnam, for trial and disposal in accordance with

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law.

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Basing on the material available on record, charges, as referred to earlier, came to be framed, read over and explained to the accused in Telugu to which, they pleaded not guilty and claimed to be tried.

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6. To substantiate its case, the prosecution examined P.Ws.l to 14 and got marked Exs.P-1 to P-21 and M.Os.l to 5. After closure of prosecution evidence, the accused were examined under Section 313 Cr.P.C., with reference to the incriminating circumstances appearing against them in the evidence of the prosecution witnesses to which they denied. DWs.l to 3 were examined and Exs.D-1 to D-10 were marked on behalf of the accused.

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7. Analyzing the evidence on record, the learned Sessions Judge acquitted the accused for the offences punishable under Sections 302 and 304-B IPC. Challenging the same, the present appeal came to be filed by PWl, who is the informant in this case.

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Sri Rayaprolu Srikanth, learned counsel appearing for the appellant would contend that there is absolutely no explanation from the accused as to how the deceased died. Since the death took place in

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the house of the accused, a burden is cast upon the accused to explain as to how the deceased died, morie so, in view of Section 106 of the Indian Evidence Act. Learned counsel took us through the judgment impugned to indicate that the learned Sessions Judge totally erred in believing the evidence of a hostile witness while acquitting the accused. Coming to the evidence of DWs 1 & 2, he would contend that their evidence cannot be looked into as their presence in the house and their version of the case as projected, was never suggested to the prosecution witnesses. Since the death took place within seven years of the marriage and the evidence of the Doctor (PW12) shows that there was strangulation, learned courisel would submit that it is a fit case where the deceased has been done to death.

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9. On the other hand, Sri D. Poornachandra Reddy, learned counsel for the accused would submit that there is absolutely no evidence on record to show that Accused Nos.l to 4 harassed the deceased for money. The evidence available on record was meticulously evaluated by the trial Court and reasons are given in paragraph Nos. 50 to 56 of the judgment impugned as to why the evidence of PWsl to 4 should be disbelieved. He further submits that the material on record would show that the deceased locked the door from inside and committed suicide. The evidence on record also indicates that the door was broke

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open from outside and thereafter she was taken to hospital. That being the position, question of invoking presumption under Section 106 of the Indian Evidence Act would not arise.

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Though the State did not file any appeal, Sri Soora Venkata Sai Nath, learned Special Assistant Public Prosecutor, took us through the evidence and the findings given by the learned Sessions Judge to contend that there are clear indications of a homicidal death.

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The point that arises for consideration is:

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Whether the prosecution is able to bring home the guilt of the accusedfor the offences punishable under Sections 302 and 304-B IPC,

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beyond reasonable doubt?

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It is to be noted here that this is an appeal against acquittal filed by PWl (informant). The scope of interference in an appeal against acquittal was dealt with by the Hon'ble Supreme Court in Jaswant Singh v. State- of Haryana^, wherein the Apex Court observed as under:-

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“21. The principle to be followed by appellate courts considering an appeal against an order of acquittal is to interfere only when there are compelling and substantial reason^for doing so. If the order is clearly unreasonable

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1 AIR 2000 SC 1833

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it is a compelling reason for interference (see Shivaji Sahabrao Bobade v. State of Maharashtra MANU/SC/0167/1973 : 1973CriLJ1783 . The principle was elucidated in Ramesh Babulal Doshi v. State of Gujarat MANU/SC/0504/1996 : 1996CriLJ2867 : While sitting in judgment over an acquittal the appellate court is first required to seek an answer to the question whether the findings of the trial court are palpably wrong, manifestly erroneous or demonstrably unsustainable. If the appellate court answers the above question in the negative the order ocquittal is not to be disturbed. Conversely, if the appellate court holds, for reasons to be recorded, that the order of acquittal cannot at all be sustained in view of any of the above infirmities it can then and then only reappraise the evidence to arrive at its own conclusions.”

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In Ghurey Lal vs State Of U.P2, while referring to the case of Sheo Swarup v. King Empero^, the Hon’ble Supreme Court discussed the ambit and scope of the powers of the appellate Court in dealing with an appeal against acquittal and observed as under: (at p. 230);

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..the High Court should and will always give proper weight and consideration to such matters as (1} the views of the trial dudge as to the credibility of the witnesses, (2) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the fact that he has been acquitted at his trial, (3) the right of the accused to the benefit of any doubt, and (4) the slowness of an appellate court in disturbing a

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2 Criminal Appeal No. 155 Of 2006 3(1934)36 Bomlr 1185

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finding of fact arrived at by a Judge who had the advantage of seeing the witnesses.."

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The law succinctly crystallized in this case has been consistently followed by this Court. On proper analysis of the ratio and findings of this case, it is revealed that the findings of the trial court are based on the fundamental principles of the criminal jurisprudence. Presumption of innocence in favour of the accused further gets reinforced and strengthened by the acquittal of the trial court. The appellate court undoubtedly has wide powers of re-appreciating and re evaluating the entire evidence but it would beJustified in interfering with the Judgment of acquittal only when the Judgment of the trial court is palpably wrong, totally illfounded or wholly misconceived, based on erroneous analysis of evidence and non-existent material, demonstrably unsustainable or perverse.

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46. This Court again in the case of Surajpal Singh & Others v. Stated, has spelt out the powers of the High Court. The Court has also cautioned the Appellate Courts to follow well established norms while dealing with appeals from acquittal by the trial court. The Court observed as under:

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"It is well established that in an appeal under S. 417 Criminal P.C., the High Court has full power to review the evidence upon which the order of acquittal was founded, but it is equally well-settled that the presumption of innocence of the accused was further reinforced by his acquittal by the trial court, and the findings of the trial court which had the advantage of seeing the fitnesses and hearing their evidence can be

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“^AIR 1952 SC 52

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reversed only for very substantial and compelling

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reasons."

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47. This Court reiterated the principles and observed that presumption of innocence of accused is reinforced by an order of the acquittal. The appellate court could have interfered only for very substantial and compelling reasons.

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48. In Tulsiram Kanu v. The Stated, this Court explicated that the appellate court would be Justified in reversing the acquittal only when very substantial question and compelling reasons are present. In this case, the Court used a different phrase to describe the approach of an appellate court against ah order of acquittal. There, the Sessions Court expressed that there was clearly reasonable doubt in respect of the guilt of the accused on the evidence put before it. Kania, C.j., observed that it required good and sufficiently cogent reasons to overcome such reasonable doubt before the appellate court came to ® different conclusion.

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49. In the same year, this Court had an occasion to deal with Madan Mohan Singh v. State of Uttar Pradesh^, wherein it said that the High Court had not kept the rules and principles of administration of criminal Justice clearly before it and that therefore the judgment was vitiated by non advertence to and mis-appreciation of various material facts transpiring in evidence. The High Court failed to give due weight and consideration to the findings upon which the trial court based its decisinn.

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5 AIR 1954 SC 1 6 AIR 1954 SC 637

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SO. The same principle has been followed in Alley v. State of U.PJ (at pp. 809-10 para 5), wherein the Court said:

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"It has been laid down by this Court that it is open to the High Court on an appeal against an order of acquittal to review the entire evidence and to come to its own conclusion, of course, keeping in view the well established rule that the presumption of innocence of the accused is not weakened but strengthened by the Judgment of acquittal passed by the trial court which had the advantage of observing the demeanour of witnesses whose evidence have been recorded in its presence. It is also well settled that the court of appeal has as wide powers of appreciation of evidence in an appeal against cm order of acquittal as in the case of an appeal against an order of conviction, subject to the riders that the presumption of innocence with which the accused person starts in the trial court continues even up to the appellate stage and that the appellate court should attach due weight to the opinion of the trial court which recorded the order of acquittal."

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SI. The question was again raised prominently in Aher Raja Khima v. State of Saurashtra^. Bose, J. expressing the majority view observed (at p.22O):

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"It is, in our opinion, well settled that it is not enough for the High Court to take a different view of the evidence; there must also be substantial and compelling reasons for holding that the trial court was wrong; Ajmer Singh v. State of Punjab^, (at pp.77-78); and if the trial Court takes a reasonable view of the facts of the case, interference under S. 417 is not Justifiable unless there are really

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AIR 1955 SC 807 8 AIR 1956 SC 217 ® AIR 1953 SC 76

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strong reasons for reversing that view. Surajpal Singh v. State^o at 54. "

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52. In Balbir Singh v. State of Punjab^i, this Court again had an occasion to examine the same proposition of law. The Court (at page 222) observed as under:

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"It is now well settled that though the High Court has full power to review the evidence upon which an order of acquittal is founded, it is equally well settled that the presumption of innocence of the accused person is further reinforced by his acquittal by the trial Court and the views of the trial Judge as to the credibility of the witnesses must be given proper weight and consideration; and the slowness of an appellate Court in disturbing a finding of fact arrived at by a Judge who had the advantage of seeing the witnesses must also be kept in mind, and there must be substantial and compelling reasons for the appellate Court to come to a conclusion differentfrom that of the trial Judge. "

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Keeping in view the principle laid down in the decisions referred to above, we shall proceed to deal with the matter.

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The case of the prosecution as unfolded in the evidence of PWs.l to 4 and also in Ex.Pl is that an amount of Rs.3,00,000/- was paid as dowry, Rs.50,000/- to Accused No.3 and sare samans worth Rs.1,00,000/-. This, in substance is evidence with regard to amount paid at the time of marriage. But in the cross examination of PWs.l to

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*0 AIR 1952 SC 52 "AIR 1957 SC 216

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4 it was elicited that they belong to Vysya community and that in Vysya community no money will be given in marriage except gold and silver and it is the custom in Vysya community to give lanchanams to sisters-in-law and mother-in-law. It was further elicited that whatever is presented, the elders will sit and reduce the said pasupukumkuma particulars under an agreement. In the present case, a perusal of Ex.DS . and the answers elicited in the cross examination of PW3 indicate that no cash was paid to the accused and that they only presented. Rs.3,00,1IBSI/worth gold and silver towards lanchanams to the Adapaduchu and mother-in-law of the deceased. Apart from that, it was also elicited in the cross examination of PWl that the accused presented two tolas of gold to the deceased. That being the position. question of payment of Rs.3,00; I/- towards dowry and Rs.50,000/to Accused No.3 appears to be incorrect. The said version is being introduced only to implicate the accused in the case. It will be appropriate to refer to the relevant portion in the cross examinations of PWsl & 3, which are as under:

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“The contents of Ex.D5 are true. We paid three lakhs by way of gold, silver and towards Aadapaduchu and motherin-law Lanchanams and we have not given any cash.

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It is true that in Vysya community, it is custom to give Lanchanams to sisters-in-law and mother-in-law. My

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father and my brothers financially assisted for the marriage of deceased.

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It is true that the contents of Ex.DS are true. Witness adds that in addition to what we have also paid two tulas of gold to deceased within one month after the marriage. It is true that A3 presented two tulas of god to deceased. It is true that deceased along with Al used to come to Visakhapatnam twice in a month and used to stay one or two days. Witness adds that after completing business work of Al, they used to return. It is true that in general parents present some gold items at the time of Kanyadanam as Balatodugu and present remaining

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gold or other properties as Pasupu Kumkuma.’

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From the admissions referred to in the evidence of PWs.l & 3, it is very much clear that no cash was paid to the accused and that only gold and silver ornaments were presented towards pasupukumkuma and Adapaduchu lanchanam under an agreement, prepared at the instance of Kattamuri Veeraswamy and others.

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Coming to the demands made by the accused, though PWl speaks about harassment made by the accused namely had Al married another girl, he would have got Rs.10,00,000/- as dowry and also demanded a further sum of Rs.10,00,000/ - for purchase of fax machine. but that these crucial aspects were not mentioned in the earlier statements made by PWl. Apart from that, the evidence of investigating officer (PW14) would show that Accused Nos.l to 3

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'-X.

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stated before him that deceased was constantly pressurizing Accused No.l to separate herself and Accused No.l from the joint family. It will

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be appropriate to extract the relevant portions in the evidence of investigating officer (PW14), which are as under:

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'PWl did not state before me that her father came to the house of deceased on 5.2.2011. PWl did not state before me that the family members of Al used to harass her deceased daughter by stating that if he marry other girl he would have get Rs.10,00,000/- dowry. PWl did not state before me that Al demanded to give their shop and house. PWl did not state before me that after the birth of her granddaughter, Al demanded Rs.10,00,000/- for purchase of fax machine. PWl did not state before me that her husband told that he was not having that amount to pay and he further advised to obtain loan from Bank by depositing her degree certificate. PW2 did not state before me that they asked Al and A3 to send deceased and her daughter to Visakhapatnam since her daughter's health was not good and they refused to send and while they were returning, deceased came to the gate and asked them that she will come along with them and then again requested Al and A3 to send deceased and her daughter along with them and they again refused and stated that they will send the deceased later. It is not true to suggest that PW3 did not state before me that after her deceased daughter gave birth to female child, A2 to A4 started harassing her deceased daughter by stating that A.4's parents gave land to A4. PW4 did not state before me that Al demanded ten lakhs for purchase of flex machine and since deceased gave birth to black female, in-laws of deceased harassed deceased for additional dowry and that Al prior to death of his deceased sister, used to tell that he received only three lakhs towards dowry for the marriage

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of his sister and if he marries another, he will get ten lakhs towards dowry.'

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'It is true that Al to A3 stated before me that deceased was constantly pressuring them to separate herself and Al from joint family. Witness adds that my investigation reveals that due to harassment of other family members, deceased pressurized for separate family.'

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From the answers elicited in the cross examination of the investigating officer (PW14), as observed by us earlier, the allegations of harassment made were not mentioned/disclosed in the earlier statements of the witnesses. Apart from that, the case of the prosecution was something different. It appears the deceased was insisting Accused No.l to come out of the joint family and live separately. The evidence of investigating officer referred to above also shows that at no point of time, the accused have harassed the deceased on the ground that she gave birth to a girl child who was dark in complexion.

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A reading of the evidence would further show that after marriage. Accused No.l and their family, presented bangles and a bracelet weighing about Vi tola to the granddaughter. The evidence on record also shows that whenever there was an occasion in the family. the accused presented gold ornaments to the deceased and also to the

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new born daughter. If really there were some differences in the family right from the time of the marriage. Accused No.l would not have come to the house of PWl on his business work. Accused No.l and deceased used to come to Yelamanchili and after completing his work, both of them used to go to Visakhapatnam. Further, at no point of time the deceased complained about the harassment made by her husband/Accused No.l or by the other accused during her visits to Yelamanchili. Further, the evidence of PWl also shows that the deceased and Accused No.l were planning to go to Shirdi along with their newly born daughter in the month of February, 2001. Therefore, all these events show that the accused were taking utmost care of the deceased in their home.

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Coming to the incident proper, the evidence of PWl itself would show that by the time they reached the scene of offence^ the door was bolted from inside. In fact the information that was furnished to PW2 was that the deceased locked the door from inside and was not opening the door. This aspect of the matter has to be dealt with in detail. PW14, the investigating officer, in his cross examination states that by the time he reached the scene of offence the doors of the room were locked from inside and he made every effort to get both the doors opened. It would be appropriate to extract the same:

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'By the time I reached to scene of offence rear side doors of scene house was kept open. Though I tried to open the door by closing the bolts both the doors i.e., front side and rear side were not opened.'

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From the above, it is clear that the deceased bolted the door from inside which fact stands established not only through the evidence of investigating officer (PW14) but also through the evidence of PWl and all the neighbors who disclosed at the earliest point of time that the door was locked from inside and that the deceased committed suicide. In order to test the veracity of the witnesses with regard to the deceased committing suicide, it would be appropriate to refer to the evidence of PWl2 Doctor who conducted post mortem examination. The death took place, in Yelamanchili town and after the death the family members of the deceased agitated before the concerned authorities demanding for holding post mortem examination in Visakhapatnam. It appears from the record that even during the post mortem examination, PWsl to 4 agitated before the concerned authorities because of the false information given by PW4 that the deceased was killed. PW12, who conducted the post mortem examination clearly stated as under:

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'The cause of death of deceased is due to Asphyxia due to pressure on neck. Finger nail clippings are preserved for detection of foreign material if any between tips of fingers and their nails. Time of death

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of deceased is about 36 to 48 hours prior to post mortem examination. We have issued Ex.P15 post mortem report and it contains my signature. Out of the above injuries, injury No.3 is fatal injury. Description of injury No.3 indiates it is an oblique ligature mark and more in favour of suicidal in nature. Hyoid bone fracture is common in strangulation. But in this case, hyoid bone is in tact. Ex.P16 is the video C.D taken while carrying out post mortem examination.'

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He was cross examined at length wherein it was elicited that there was no injury to thyroid cartilage of deceased; absence of injury to thyroid cartilage and hyoid bone indicates hanging. Ergo from the above, it is clear that the theory put forth by the accused that it was a case of hanging cannot be ruled out. Apart from that, it is stated that they also noted cyanosis in finger rings which is common in case of hanging.

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22. For the aforesaid reasons, the argument of learned counsel for the accused that possibility of deceased committing suicide inside the room cannot be ruled out. Having regard to all the circumstances referred to above and since the evidence on record establish that the question of paying cash at the time of marriage does not arise in Vysya community coupled with the manner in which the incident took place namely inside a room which was locked from inside and the evidence of Doctor indicating that it was a case of hanging, the findings given by the learned Sessions Judge, in our view, requires no interference.

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At this stage, learned Counsel for the appellant would contend that even assuming that it is a case of suicide but since the death took place within seven years of the marriage and it being an un-natural one and as there was demand for dowry, pleads that it is a fit case where a conviction can be given under Section 304-B IPC. It may be true that the death took place within seven years of the marriage and it is an un natural death but the question is whether there was any demand for dowry or any property soon before the death of the deceased. 'Soon before the death', as observed by the Apex Court, is an elastic term and no rigid period can be fixed. Be that as it may, the demarrd of Rs.lO,00,OQO/- alleged to have been made by the accused through deceased as additional dowry or a sum of Rs.10,00,000/- after birth of the child for purchase of fax machine was never mentioned in the earlier statements of the witnesses. This fact was discussed in detail in paragraphs 51 & 52 of the judgment of the trial Court. Though at first blush, the said argument appeared to be impressive but a perusal of the evidence is proved to be otherwise. Even we do not find any material to convict the accused under Section 498-A IPC as the relation between the accused and the deceased was very much cordial and both of them used to visit parents' house of the deceased at Yelamanchili whenever the accused had any work, in Yelamanchili. In fact.

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prosecution witnesses themselves deposed that both of them used to come to Yelamanchili in the morning and thereafter leave in the evening. Hence, we do not find any material even to convict the accused for the offence punishable under Section 498-A IPC. Since the findings of the trial court are probable and cannot be said to be perverse, question of reversing the said findings even if another view is possible basing on the same evidence, in our view, may not be correct. 24. Before parting, it may be noted that learned counsel for the appellant relied upon the decisions of the Hon'ble Supreme Court in State of Madhya Pradesh v. Jogendra & another [2022 LiveLaw (SC) 37]; Om Prakash v. State of Punjab [(1992) 4 SCC 212]; Shamnsaheb M. Multtani v. State of Karnataka [(2001) 2 SCC 577] and Trimukh Maroti Kirkan v. State of Maharashtra [(2006) 10 SCC 681].

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25. In all the above decisions, the Hon'ble Supreme Court, in the facts and circumstances of the said cases, came to conclusions that the ingredients constituting the offences were made out and also as to the circumstances under which Section 106 of the Indian Evidence Act has to be invoked. In Trimukh Maroti Kirkan's case, the accused failed to explain the incriminating circumstances appearing against him, more so, when the body was found in the house. In Balwant Singh v. Partap Singh and others [(2000) 9 SCC 352] the Hon'ble Supreme Court was

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dealing with a situation where the prosecution was able to establish harassment on account of the insufficient dowry and demands being made before her death. Under those circumstances, the Court held that ingredients of Section 304-B IPC were proved. In Om Prakash's case.

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the Hon'ble Supreme Court was dealing with a situation where the deceased died due to torture and dowry demand. The occurrence took place in a open court yard of in-laws' house during day time. It was a case where there was a dying declaration involving family members compelling her to bring sufficient dowry or cash. Because of the same. she sprinkled kerosene and set herself on fire.

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But in the instant case, as observed by us earlier, no evidence has been placed on record to show that there was any harassment or demand for dowry soon before her death or at any time prior to the death. On the other hand, as observed by us earlier, relationship between both of them was cordial.

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The question is what made the deceased to commit suicide.. The burden is not on the accused to prove as to why the deceased committed suicide. The accused will not be in a position to explain the reasons for the deceased to commit suicide but the defence evidence which is placed in the form of DWs.l to 3 would give some indication as to the cause for deceased to commit suicide. DW3 is the Doctor with

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whom the deceased was taking treatment. It was suggested by DW3 that deceased should not take up any travel and on that accused refused to send the deceased to Visakhapatnam along with PWsl & 2. The deceased being sensitive in nature might have got offended by this and possibility of she having committing suicide for the said reasons caruiot be ruled out. This finding in our view assumes importance for the reason that the evidence of prosecution witness show that all of them were cordial and there were no differences between the accused and the deceased.

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Having regard to the above findings, we see no grounds to interfere with the impugned judgment and the appeal is liable to be dismissed.

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Accordingly, the Criminal Appeal is dismissed confirming the judgment, dated 05.02.2014, passed in Sessions Case No.322of 2012 on the file of the learned VII Additional Sessions Judge (FTC), Visakhapatnam.

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Miscellaneous petitions pending, if any, shall stand closed.

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SD/- M. RAMESH BABU

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________ deputyregist^ar-' //TRUE COPY//

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SEcriSfoFFICER

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To,

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1’ S® d't'ona'Sessions Judge (Fast Track Court) at Visakhapatnam. Th! Class Magistrate. Yelamanchili. Visakhapatnam. 7 Officer, Yelamanchili Police Station, Visakhapatnam 4. One CC to Sri Duvvuri Surya Narayana, Advocate (OPUC) 5. One CC to Sri D. Purnachandra Reddy. Advocate (OPUC) 7 Prosecutor, High Court of AP at Amaravathi [OUT] 7. The Section Officer. Criminal Section. High Court of A.P At Amaravathi o. I wo CD copies.

sree

HIGH COURT

DATED:02/01/2023

JUDGMENT

CRLA.No.721 of 2014

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