B SHASHIKALA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal by the appellant herein arises out of a judgment of conviction and sentence passed by a Division Bench of the Andhra Pradesh High Court in Criminal Appeal No. 606/96 whereby and whereunder the judgment passed by Additional Sessions Judge, Ranga Reddy District dated 21-6-1996 in S.C. No. 47/93 convicting the appellant herein for commission of an offence under S. 302 of the Indian Penal Code and sentencing her to undergo life imprisonment was modified to one under S. 304, Part II of the Indian Penal Code and sentencing her to undergo rigorous imprisonment for 4 years.

(2.) The basic facts of the matter shortly stated are as under : The deceased was married to Radha Krishna, P.W. 2, brother of the appellant herein on or about 15-5-1990. The appellant and her mother Heeramani (since deceased) and one B. Harikrishna had been abusing and harassing the deceased for compelling her to bring T.V. and other articles. Radha Krishna, the husband of the deceased having regard thereof decided to reside separately in the same house along with his wife. On 23-1-1991 at about 1.00 p.m., the appellant and her mother entered into the room of the deceased. She was then reading a book. The appellant poured kerosene on her and her mother closed the deceaseds mouth whereafter fire was set on her by the accused No. 1. Thereafter she rushed outside with flames on her person shouting for help. Two neighbours, Ch. Susheela and Smt. N. Yadamma attracted by her shouts came and poured water. Her dress was changed and she was taken to the Railway Hospital by them followed by one Sri G. Venugopal, another neighbour.

(3.) While she was in the Railway Hospital, the Head Constable of Malkajgiri police station recorded her statement at about 7.30 p.m. on 23-1-1991 on the basis whereof a case under Ss. 498-A and 307, I.P.C. was registered. She later on died. The brother of the appellant, (the husband of the deceased) supported the prosecution case fully at the investigation stage. A charge under S. 302 of the Indian Penal Code was framed against the appellant and the accused No. 3, as in the meanwhile the accused No. 1 died.