KALLA VENU Vs. STATE
LAWS(APH)-1999-8-50
HIGH COURT OF ANDHRA PRADESH
Decided on August 16,1999

KALLA VENU Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (1.)Appellant is the sole accused. Aggrieved by his conviction and sentence for the offence under Section 304-B of IPC to suffer rigorous imprisonment for a period of 10 years passed by the Assistant Sessions Judge, Madanapalle in SC No.135 of 1993 on 18-2-1994, this appeal is preferred.
(2.)The case of the prosecution in brief is as follows: The deceased who is aged about 19 years is daughter of PW1. The appellant/accused is resident of adjacent street in the same locality, and he fell in love with the deceased, which resulted in their marriage, about six months prior to the date of offence against the will and consent of parents of the deceased. While so, the deceased informed her mother (PW1) when they met each other at a 'jatara' that the accused asked her (deceased) to fell in the well and die, so that he can re-marry and get Rs.30,000.00 towards dowry. PWFs husband brought the deceased to his house for 'Ashadam'. On 1-7-1990 at about 10-00 AM., the accused and the deceased went to the terrace of the house; at that time, PW2 who is the sister of the deceased went there; the accused asked PW2 to bring some 'borugulu'. After bringing and giving them to the accused and deceased, PW2 went away from the terrace. After some time, PW1 saw her daughter (deceased) vomiting and froath was coming out of her mouth. When the deceased was asked as to what happened, she told that the accused forcibly poured pesticide saying as tonic. PW9 who was passing on that way came there and with his assistance, PW1 and accused took her to Government Hospital, Punganur, where she died at 2-40 p.m.. A case in Crime No.96/90 under Section 307 IPC was registered at the first instance and later it was altered to Section 302 IPC after the death of the deceased.
(3.)A charge under Section 304-B IPC has been framed against the accused, to which he pleaded not guilty and claimed to be tried.


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