JUDGEMENT
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(1.)This criminal appeal is
directed against the judgment dated
13.10..2003 passed in Sessions Case No.405
of 1999 on the file of the II Additional
Metropolitan Sessions Judge, Hyderabad,
whereby the learned Additional Metropolitan
Sessions Judge found A-1 P. Laxma Reddy
guilty for the offence under Section 304-B
I.P.C. and convicted him accordingly and
sentenced him to suffer rigorous
imprisonment for seven years. However,
the learned Additional Metropolitan Sessions
Judge found A-2 C. Sudheer Reddy, A-3 S.
Dinesh Reddy @ Dinesh, A-4 C. Bharathi
and A-5 S. Indira Reddy found not guilty for
the offence under Section 304-B I.P.C. and
acquitted them accordingly.
(2.)The appellant is A-l in Sessions
Case No.405 of 1999. He along with four
other accused persons (A-2 to A-5) was put
on trial for the offence under Section 304-B
I.P.C.
(3.)The prosecution case, in brief, is
as follows: P.W.I Ch. Surender Reddy is
father and P.W.2 Ch. Pawan Reddy is
brother of Praveena (hereinafter referred to
as 'the deceased'). P.W.3 D. Asha Latha
and P.W.5 M. Annapurna are neighbours to
P.W.1 P.W.4 Ch. Venkata Krishna Reddy
is nephew of P.W.I. P.W.6 K. Laxmi is
sister-in-law of P.W.I being the sister of
his wife. The marriage of the deceased
was fixed with the A-1 in the year 1997.
Betrothal function was held on 27.5.1997.
P.W.I agreed to give 40 tolahs of gold,
furniture worth of Rs.50,000/- and other
household articles. P.W.1 gave Rs. 1,00,000/-
to A-1 on the date of betrothal function.
Marriage was performed on 19.6.1997. After
the marriage the deceased joined with A-l
for marital life. P.W.I agreed to give a
house plot worth Rs.6,00,000/- to the
deceased. The deceased and A-l started
living in a house at Gudimalkapur. The
deceased led happy marital life for six
months. It is alleged that A-l started
pressurizing the deceased to get cash instead
of plot from her father-P.W. 1. A-l declined
the invitation of P.W. 1 for Dasara festival
as well as 'Satyanarayana Vratam'. P.W.I
gave Rs. 1,00,000/- to the deceased and A-l
in February, 1998. On 7.6.1998
'Srimantham' function of the deceased was
arranged. A-l and members of his family
attended the function. It is alleged that A-l
expressed his anguish for not giving cash
by selling plot. On 10.6.1998 the deceased
left her parental home. On 15.6.1998 the
deceased informed P.W.I over phone that
she would come to his house on 17.6.1998
as 19.6.1998 happened to be their marriage
day. P.W.I invited the deceased to come
along with A-1. It is stated that the deceased
asked P.W.I to give money for purchasing
clothes to A-l. On 16.6.1998 P.W.I met
the father of A-l at Basheerabagh, where
sister of A-l resides. He reiterated his
promise to give a plot instead of cash.
Thereupon, the father of A-l informed him
that he would convince A-1. On the same
day evening P.W. 1 returned home and learnt
that his wife received a phone call from the
deceased. The deceased stated to have
informed her mother that her father-in-law
chastised A-l and so, A-l may not insist
further to sell plot. On 17.6.1998 at about
11.40 p.m. A-l informed P.W.I that the
deceased consumed poison. Immediately
P.W.I rushed to the house of A-l and
from there to Niharika Hospital. He learnt
that the deceased was shifted to C.D.R.
Hospital, and therefore, he rushed to the
hospital and saw A-2 to A-4 there. The
deceased while undergoing treatment died
on 18.6.1998 at 7.30 p.m. P.W.1 presented
Ex.P.l report before the Station House
Officer, Tappachabutra Police Station.
P.W.8 received Ex.P.l report and registered
a case in Crime No.70 of 1998 and issued
Ex.P.5-F.I.R. He sent a requisition to the
Mandal Executive Magistrate to conduct
inquest on the dead body of the deceased.
P.W.7, the Mandal Executive Magistrate,
Hyderabad, held inquest on the dead body
of the deceased on 19.6.1998. The opinion
arrived at by the panchas came to be
incorporated in Col. 15 of the inquest report.
Ex.P.4 is the inquest report. After the
inquest, the dead body was sent for postmortem examination. A team of doctors
comprising P.W.9 Dr. Durdana Begum and
Dr. T. Mahender Reddy, Assistant Professors
in Forensic Medicine, Osmania Medical
College, Hyderabad, held autopsy over the
dead body of the deceased on 19.6.1998 at
1.30 p.m. No external injuries were found.
They preserved Viscera and sent the same
to F.S.L. After receipt of the F.S.L. Report,
a final opinion came to be issued stating
that the deceased died of Organophosphate
(an insecticide poisoning). Ex.P.8 is the
Post-mortem Examination Report. Ex.P.9
is the F.S.L. report and Ex.P.10 is the final
opinion. P.W.8 inspected the scene of offence
and prepared Ex.P.6 observation report and
Ex.P.7 rough sketch in the presence of the
mediators viz., M. Venkateshwar Rao and
Yadamma Reddy. He examined P.W.I to
P.W.5 and recorded their statements. He
arrested A-1 to A-3 and A-5 on 23.6.1998
and sent them for remand. P.W.10 A.B.
Pratap Reddy, A.C.P., D.D., Hyderabad,
took up investigation, examined P.W.6 and
recorded his statement. After completing
the investigation, a charge-sheet came to be
submitted before the IX Metropolitan
Magistrate, Hyderabad.
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