D.Krishna vs Jogini Sridhar And 3 Others
2025 Latest Caselaw 3525 Tel

Telangana High Court

D.Krishna vs Jogini Sridhar And 3 Others on 28 March, 2025

           THE HON'BLE SRI JUSTICE K.SURENDER

              CRIMINAL APPEAL No. 606 OF 2014

JUDGMENT:

This appeal is filed by the appellant/defacto complainant,

questioning the acquittal of the respondent/accused, recorded by

the III Additional District & Sessions Judge, Ranga Reddy District,

in SC.No.312 of 2010 dated 13.06.2013 for the offence under

Section 304-B of the Indian Penal Code.

2. The deceased, namely Kanksha, wife of A1, died in her

matrimonial home, along with her daughter, due to burn injuries.

The Police was informed about the death on 15.09.2009. The

bodies were taken to the Osmania General Hospital. Thereafter,

PW.1, who is the father of the deceased, lodged a written

complaint with the Police alleging that the deceased was married

to A1. At the time of marriage, Rs.15 lakhs cash, 40 Tulas of gold,

and 1 Kg. silver articles were presented. The deceased gave birth

to a female child, and thereafter, the accused started harassing

her to bring additional dowry. The deceased was not allowed to go

to her parents' house. PW.1/complainant suspected that the

deceased was murdered, and accordingly, sought the assistance of

the Police to punish the persons who had killed his daughter and

also the grand-daughter.

3. The Police, having received the complaint, investigated the

case and filed a charge sheet against the respondent/accused.

4. The learned Sessions Judge examined PWs.1 to 11, marked

Exs.P1 to P13 and found the accused not guilty, mainly on the

basis of Prosecution not proving Ex.P11-suicide note, which was

found during investigation.

5. According to the suicide note-Ex.P11, which was written in

Telugu language, the names of the accused persons were neither

mentioned, nor was it mentioned that any kind of harassment was

meted out. There is no mention of demand for additional dowry.

Further, the suicide note states that the deceased was not

interested in living and decided to die along with her daughter. It

was mentioned that her death would reduce the financial

problems in the house and also stated that there was no necessity

for her parents to pay anything. Instead of dying everyday with

tension, it was better to die at once.

6. The learned Sessions Judge further found that the evidence

of PWs.2 and 8, who are the relatives of the deceased, is of no help

to the prosecution case.

7. Learned Counsel appearing for the appellant would submit

that the deceased was harassed for additional dowry, for which

reason she committed suicide along with her daughter. No person

would commit suicide along with their child unless they were

subjected to harassment. Even in the suicide note, it is mentioned

that her death would relieve the family members of all problems

and her parents need not pay any amount. The statement in the

suicide note would go to show that she was subjected to

harassment.

8. Though reliance was placed on Ex.P11-suicide note,

however, the said suicide note was not sent to a handwriting

expert to confirm that the suicide note was written by the

deceased. Further, although two books were seized, the said books

and the letter were not subjected to a handwriting expert's

opinion.

9. In Ravi Sharma v. State (Government of NCT of Delhi)

and another 1, the Hon'ble Supreme Court held that while dealing

with an appeal against acquittal, the appellate court has to

consider whether the trial Court's view can be termed as a

possible one, particularly when the evidence on record has been

analysed. The reason is that an order of acquittal adds up to the

presumption of innocence in favour of the accused. Thus, the

(2022) 8 Supreme Court Cases 536

appellate court has to be relatively slow in reversing the order of

the trial court rendering acquittal.

10. In Ghurey Lal v. State of Uttar Pradesh, 2 the Hon'ble

Supreme Court, after referring to several Judgments regarding the

settled principles of law and the powers of appellate Court in

reversing the order of acquittal, held at para 70 as follows:

"70. In the light of the above, the High Court and other appellate Courts should follow the well-settled principles crystallized by number of Judgments if it is going to overrule or otherwise disturb the trial court's acquittal:

1. The appellate court may only overrule or otherwise disturb the trial court's acquittal if it has "very substantial and compelling reasons" for doing so.

A number of instances arise in which the appellate court would have "very substantial and compelling reasons" to discard the trial court's decision. "Very substantial and compelling reasons" exist when:

i) The trial court's conclusion with regard to the facts is palpably wrong:

ii) The trial court's decision was based on an erroneous view of law;

iii) The trial court's judgment is likely to result in "grave miscarriage of justice";

iv) The entire approach of the trial court in dealing with the evidence was patently illegal;

v) The trial court's judgment was manifestly unjust and unreasonable;

vi) The trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declarations/report of the ballistic Ex.Pert, etc.

vii) This list is intended to be illustrative, not exhaustive.

2. The appellate court must always give proper weight and consideration o the findings of the trial court.

3. If two reasonable views can be reached__ one that leads to acquittal, the other to conviction __the High Courts/appellate courts must rule in favour of the accused."

(2008) 10 Supreme Court Cases 450

11. PWs.1 and 8 are the parents of the deceased, and PW.2 is

the uncle of the deceased. They stated that A1 was abusing and

assaulting the deceased. The Investigating Officer, in his cross-

examination, admitted that PW.2 did not state during the

investigation that the accused used to harass the deceased.

Further, the mother of the deceased-PW.8 also did not state that

they paid Rs.5,000/-, Rs.4,000/-, and Rs.5,000/- on three

different dates, and it was an improvement. The version of PW.8,

that the accused harassed the deceased one month after the birth

of the child, was also an improvement.

12. The order of the acquittal is based on the evidence adduced

during the trial, and is reasonable. There is nothing in Ex.P11-

suicide note to suggest that there was any kind of demand for

additional dowry. It cannot be assumed that the accused

demanded additional dowry solely on the basis of the statement

made in Ex.P11, wherein it was mentioned that her death would

relieve the family of the problems.

13. The Honourable Supreme Court, in Paranagouda v. The

State of Karnataka 3, discussed the ingredients that need to be

satisfied for convicting the accused for the offence under Section

304-B of the Indian Penal Code, which are as follows;

2023 SCC OnLine SC 136

"14. The Incidental question that would also arise for our consideration is: whether the conviction of the accused under Section 304-B would be sustainable? The ingredients to be satisfied for convicting the an accused for the offence punishable under section 304-B are;

i) The death of a woman should be caused by burns or bodily injury or otherwise than under a normal circumstance.

ii) Such a death should have occurred within seven years of her marriage

iii) She must have been subjected to cruelty or harassment by her husband or any relative of her husband.

iv) Such cruelty or harassment should be for or in connection with demand of dowry.

v) Such cruelty or harassment is shown to have been meted out to the woman soon before her death."

14. There are no compelling reasons to interfere with the

Judgment of the acquittal of the trial Court.

15. Accordingly, Criminal appeal is dismissed.

_________________ K.SURENDER, J Date: 28.03.2025 tk

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No. 606 OF 2014

Date: 28.03.2025

tk