P LAXMA REDDY Vs. STATE OF A P
LAWS(APH)-2005-3-112
HIGH COURT OF ANDHRA PRADESH
Decided on March 21,2005

P.LAXMA REDDY Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (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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