LEELA SRINIVASA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order of the High Court of Judicature at Andhra Pradesh at Hyderabad dated November 22, 1996 in Criminal Revision Case No. 195 of 1995 whereby the High Court while partly allowing the appeal and acquitting the appellant of the charge under Section 306, I.P.C. confirmed his conviction and sentence under Section 498-A, I.P.C. on which count the appellant has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/-.

(2.) The appellant Lella Srinivas Rao and his mother Lella Gangamamba were tried by the Assistant Sessions Judge, Chirala charged of the offences under Sections 498-A and 306, I.P.C. The case of the prosecution was that the appellant herein was married to the deceased Bhavani about three years before the date of occurrence which took place on 15-8-1990. The case of the prosecution was that the appellant as well as his mother (accused No. 2) treated Bhavani (deceased) with such cruelty, and harassed her to such an extent, that she was forced to commit suicide at about 12.45 p.m. on 15-8-1990. She set fire to herself as well as her daughter who was about 1 1/2 years old as a result of which both of the succumbed to their injuries later on the same day. The trial Court found them guilty of the offence under Section 306, I.P.C. and sentenced both the accused to undergo rigorous imprisonment for a period of seven years under Section 306, I.P.C. and three years rigorous imprisonment under Section 498-A, I.P.C. Both the accused preferred Criminal Appeal No. 169 of 1992 which came to be disposed of by the Court of Session, Prakasam Division, Ongole who dismissed the appeal and upheld the convictions and sentences. The accused thereafter challenged their convictions and sentences before the High Court which set aside the conviction and under Section 306, I.P.C. but upheld their conviction and sentence under Section 498-A, I.P.C.

(3.) From the record it appears that both the accused preferred special leave petitions before this Court. The special leave petition of accused No. 2, Lella Gangamamda was dismissed by order dated 28-4-1997 and notice was issued confined to the petition on behalf of the appellant herein, which was later admitted for hearing.