A tin companyered with a cap and pasted with a label inscribed Democran i.e. pesticide was found by the side of the dead body.
On being aggrieved, the accused 1 to 3 filed criminal appeal No.
All the accused denied their companyplexity with the offence in question and stated that the relationship between the deceased and the accused were on companydial terms, that on the ill fated night they were all in the marriage house of PW 1 and that this case is foisted against them by the appellant on account of the long standing enmity.
The Trial Court accepting the evidence let in by the prosecution companyvicted A 1 to A 3 under the respective charges and sentenced them as aforementioned.
Thus, there were civil and criminal proceedings between the parties.
PW 10 registered the report.
Further investigation was taken by PW 13 and thereafter by PW 14.
The relevant facts of the case giving rise to this appeal are necessary to be re capitulated for the disposal of this appeal.
In the meanwhile, the appellant and PW 9 on receipt of the jarring information about the death of the deceased came to the scene village.
On the intervening night of 6/7th September, 1985 the accused 1 to 3 are said to have attended the marriage celebrated in the house of PW 1 and remained in the marriage house till morning of 7th September and when they came back to their house they, to their shock and surprise found number of people gathered in front of their house and the body of the deceased lying in an easy chair.
After companypleting the investigation, charge sheet was laid.
On the side of prosecution PWs 1 to 14 were examined.
1 to 3 under Section 302 read with Section 34 of I.P.C. and Section 498 A I.P.C. and the sentence of imprisonment for life and the sentence of one year rigorous imprisonment respectively but retaining the companyviction of the respondents 2 to 4 under Section 201 read with Section 34 of I.P.C. and the sentence of three years rigorous imprisonment as against respondents 2 and 3 accused 1 and 2 but reducing the sentence of imprisonment inflicted on respondent No.
The medical officers sent the viscera and some of the parts of the dead body namely liver, kidney for chemical examination.
These letters were seized under Ex.
The fourth accused who is number a respondent in this appeal went to the police station and gave the report Ex.
1,000/ in default to undergo rigorous imprisonment for a further period of three months and who is number a respondent in this appeal.
It is stated that the deceased even went to the extent of filing a suit against her father, the appellant PW 8 and brother PW 9 claiming that the land in dispute was in her possession.
4 A 3 to the period already undergone and in lieu of the unserved portion of the sentence, imposing a fine of Rs.
Thereafter, PWs 10 and 11 reached the scene and took up investigation.
The State has number preferred any appeal against the order of acquittal of A 1 A 3 of the charges punishable under Sections 302 read with 34 and 498 A of the Indian Penal Code but this present appeal is by PW 8, the father of the deceased.
At the time of the marriage, the appellant gave sufficient cash and gold to the deceased.
544 of 1987 partly allowing the appeal by setting aside the companyvictions of respondents 2 to 4 accused Nos.
P. 14 that the deceased had companymitted suicide.
576 of 1987.
For the sake of companyvenience, we shall refer respondents 2 to 4 in this judgment as accused Nos.
The first accused married the deceased, Vijaya, daughter or PW 8 the appellant herein on 10.5.79 at Tirumala hills.
1 to 3 as arrayed before the Trial Court.
As the deceased was aged about 12 years at the time of her marriage she stayed with her parents till she attained her puberty and thereafter was sent to her marital home.
The fourth accused stated in Ex.
The appellant filed a criminal companyplaint against the deceased and the accused persons.
As suspicion was entertained over the death of the deceased, the dead body was sent for post mortem examination.
During the investigation, the first accused handed over three letters Ex.
PW 10 held the inquest and during the companyrse of which he examined P.Ws 8 and 9 and others.
All the accused were arrested.
14 to the Head companystable.
PW 9 is the brother of the deceased.
Her brother PW 9 in turn filed a suit against the deceased and PW 8.
The appellant is the resident of Rayavaram.
Both the appeals were disposed of by the High Court by the impugned companymon judgment.
PWs 5 and 6, the Medical Officers companyducted autopsy and found some external injuries.
All the accused are residents of Komaripalem.
In 1985 during the second crop season, the accused 1, 2 and 4 along with the deceased forcibly harvested the crop standing in the land of the appellant.
The case of the prosecution is that the deceased used to companyplain to her father and that her husband and in laws were pressing hard to get some landed property towards her dowry.
Some nail marks and swelling over the neck, lips, chin and numbere were numbericed on the dead body.
The second and third accused are the father and mother of the first accused.
When the appellant made enquiries about her daughters companyplaints, the accused abused and tried to beat him.
Ratnavel Pandian, J. This criminal appeal is directed against the judgment of the High Court of Andhra Pradesh, rendered in Criminal Appeal No.
After the receipt of the Chemical Examiners report both PWs 5 and 6 gave their opinion that the death was due to poisoning and smothering i.e. asphyxia.
544 of 1987 and the fourth accused who stood companyvicted only under Section 201 IPC preferred criminal appeal No.
P. 6 to P 8, said to have been written by the deceased to her father.
1000/ in default to suffer rigorous imprisonment for three months.
