LexPANAKANTI SAMPATH RAO versus STATE OF A.P.
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PANAKANTI SAMPATH RAO A v. STATE OF A.P. MAY 18, 2006 [DR. AR. LAKSHMANAN AND LOKESHWAR SINGH PANTA, JJ.] B Penal Code, 1860: ss.302 and 498-A-Husband along with his parents prosecuted for causing death of his wife within seven years of marriage-Evidence indicating cruelty and harassment of wife for dowry by husband-Medical evidence disclosing death by asphyxia due to throttling-Circumstances pointing out that husband caused death of his wife-Trial Court convicting all accused u/s 304-B, 498-A 1PC ands. 4 of the Dowry Prohibition Act- High Court acquitting parents and converting conviction of husband from 304-B to 302-Held, accused is guilty of offence u/s 302-Conviction of accused by trial court for other offences also confirmed-Dowry Prohibition Act, 1961-s.4. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 946 of 2004. From the Judgment and Order dated 18.4.2003 of the High Court of Judicature, Andhra Pradesh at Hyderabad in Cr!. Appeal No. 81 of 2003. Baijoyonta Barooah, for Sunil Kumar Jain for the Appellant. c D E P. Vinay Kumar and D. Bharathi Reddy, for the Respondent. F The Order of the Court was delivered : ORDER Heard Mr. Baijoyonta Barooah, learned coun.sel appearing on behalf of the appellant (A-1) and Mr. P. Vinay Kumar, learned counsel appearing on behalf of the respondent. This appeal is directed against the judgment and order_ dt. 18.04.2003 passed by the High Court of Andhra Pradesh in Criminal Appeal No. 81 of 2003 whereby the High Court has dismissed the appeal filed by the appellant herein challenging his conviction under Sections 498- A, 304-B of the !PC read with Section 3 of the Dowry Prohibition Act. The 765 G H 766 SUPREME COURT REPORTS [2006) SUPP. 2 S.C.R. A High Court has converted the conviction of the appellant under Section 302 IPC and sentenced him to undergo life imprisonment while acquitting the father and mother of the appellant (A-2 and A-3) from the convictions under Sections 498-A and 304-B read with Sections 2 and 3 of the Dowry Prohibition Act. B c D The short facts are as follows:- The appellant married Panakanti Kavitha. They lived together for three months in a rented house. According to the accused, he being a medical representative had to leave for Hyderabad on 06.08.2000 itself for official reasons. On 07.08.2000, the PW-8 pushed the door-wing of the house of Accused No. I and found Panakanti Kavitha lying dead by the side of the cot on the ground with injuries in the body. On the same day, at about 7.55 p.m., P. W.-1 (the father of the deceased) filed a complaint at Karimnagar police station. The same was registered as a case in Cr.No.15/2000 for offences punishable under Sections 498-A, 302, 304-B IPC. The police recorded the statements of PW 3 to PW 6, PW 9, LW 14, PW 12, LW 16, PW 13 and LW 18 on 08.08.2000. A chargesheet was filed against the appellant and his father and mother as accused No. 2 and 3 for the offences under Section 498-A, 302, 304-B !PC and Sections 3 and 4 of the Dowry Prohibition Act. The Additional Judicial Magistrate 1st Class, Karimnagar E registered the case as P&C No. 2010 I and committed the same to the Sessions Court, Karimnagar. The learned Sessions Judge, Karimnagar upon committal, registered the case as Sessions Case No. 36/2002. The Sessions Court examined 20 witnesses and the appellant, along with accused Nos. 2 and 3, were examined under Section 313 Cr.PC wherein they denied their involvement F in the offences alleged. G H The trial court, after taking in view the evidence adduced, convicted the appellant besides Accused Nos. 2 and 3 under Sections 498-A, 304-B !PC and Section 4 of the Dowry Prohibition Act and sentenced each of them as follows:- "In view of the seriousness of the offence and with a view to curb the menace of the social evil dowry. I am inclined to sentence A-1 to A-3 to undergo rigorous imprisonment for a period of three years each and to pay fine of Rs. 5,000 each in default of payment of fine, they shall undergo simple imprisonment for PANAK.ANTI SAMPATIIRAOv. ST~TE. 767 one month for the offence p~ishable Vis 498-A IPC. I also sentence A-I to A-3 to undergo imprisonment for life for the offence punishable under. Section 304-B IPC. I also sentence A- l to A-3 to undergo rigorous imprisonment for a period of two years each and to pay fine of Rs. I 0,000 each in default of payment of fine, they shall undergo simple imprisonment
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