HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.221 OF 2009
JUDGMENT:
1. The appellant is convicted for the offence under Section 304-B of IPC and sentenced to undergo seven years rigorous imprisonment, further convicted and sentenced to undergo five years and six months for the offences under Sections 3 and 4 of the Dowry Prohibition Act, respectively vide judgment in S.C.No.123 of 2008, dated 16.02.2009 by II Additional Sessions Judge, Nalgonda at Suryapet. Aggrieved by the same, present appeal is filed.
2. The appellant (A1) and his parents were tried for the offences under Sections 304-B of IPC and Sections 3 and 4 of the Dowry Prohibition Act. However, the learned Sessions Judge found A2 and A3 not guilty for any of the offences and accordingly acquitted them of all the charges leveled against them.
3. The case of the prosecution is that P.W.1 filed a complaint on 12.11.2006 stating that his deceased daughter was given in marriage to the appellant five years prior to her death. At the time of her marriage, Rs.1,50,000/- cash was given and they lived happily for some time. Thereafter, both the appellant and the 2 acquitted accused started demanding additional dowry of Rs.50,000/-. Though, P.W.1 tried to convince the appellant and his parents that he would pay additional dowry at a later date, they continuously harassed her. On 12.11.2006 his daughter left her house and went to parents house, as such the appellant went and beat her. Unable to bear the harassment of the accused, she consumed poison. While undergoing treatment, she died at 3.00 p.m on the same day.
4. The prosecution examined P.W.1- father, P.W.2- mother, PW.3- maternal uncle, P.W.4- cousin brother of the deceased and P.W.5 neighbour. All the witnesses P.Ws.1 to 5 turned hostile to the prosecution case and did not state anything about any kind of harassment. However, P.Ws.1 and 2, parents of the deceased stated that at the time of marriage, they gave Rs.1,50,000/- to the accused and also 5 tulas of gold and other household articles to the deceased.
5. The learned Sessions Judge on the ground that P.Ws.1 and 2 stated that at the time of marriage dowry of Rs.1,50,000/- was given to the appellant found the appellant guilty. Except making 3 bald allegations that they have given dowry of Rs.1,50,000/- there are no details as to how the said dowry was given to the appellant. Mere statement without giving any specific details nor there being any corroboration to the said statement of giving dowry, it cannot form basis for conviction.
6. The other evidence which the prosecution produced is Ex.P16, which is a death note alleged to have been written by the deceased. The said death note was not proved by the prosecution during the course of trial. Ex.P16 was not confronted to any of the witnesses to know about the writings in the said note as that of the deceased. Further, to establish that Ex.P16 was written by deceased, the same was not sent to any hand writing expert to prove that Ex.P16 letter was in the hand writing of the deceased.
7. Merely marking the document will not suffice and it is for the prosecution to prove the contents with admissible evidence. Unless a person who is acquainted with the writings of the deceased is examined or a person who has seen the deceased writing Ex.P16 is examined, the said death note Ex.P16 cannot be relied upon and the contents cannot be read into to record conviction. 4
8. In the back ground of bald statement without giving any details and there being no corroboration to the factum of giving Rs.1,50,000/- dowry and also Ex.P16 not being proved by the prosecution to place any reliance, the conviction recorded by the learned Sessions Judge has to be set aside.
9. In the result, the impugned judgment of the trial Court in S.C.No.123 of 2008 dated 16.02.2009 is set aside and the appellant is acquitted of all the charges leveled against him. Since he is on bail, his bail bonds stand cancelled.
10. Accordingly, the Criminal Appeal is allowed. As a sequel thereto, miscellaneous petitions, if any, pending, shall stands closed.
__________________ K.SURENDER, J Date: 02.08.2022 kvs 5 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.221 OF 2009 Date: 02.08.2022.
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