STATE OF A P Vs. GUVVA SATYANARAYANA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of the Division Bench of the Andhra Pradesh High Court directing acquittal of the respondent (hereinafter called as the 'accused'). The accused was convicted for offence punishable under Sections 302 and 498A of the Indian Penal Code, 1860 (in short 'IPC') and sentenced to RI for life and two years respectively and a fine with default stipulation by the trial Court.

(2.) Two charges were framed against the respondent. Firstly, it was alleged that the accused on 11.4.1994 at about 8.30 p.m. subjected his wife (hereinafter referred to as the 'deceased') to cruelty and thereby committed the offence punishable under Section 498A. Second charge was that he had committed the murder of his wife by causing her death. Accused pleaded innocence and, therefore, trial was held.

(3.) Prosecution version in a nutshell is as follows : Smt. Guwa Renuka (hereinafter referred to as the 'deceased') was married to the accused 7 years prior to her death at Bhongir. At the time of marriage, the accused was presented cash of Rs.5,000/- and 3 tolas of gold. For one year, their marriage life went on happily. Thereafter, accused began to demand his wife to get Rs.5,000/- from her parents, and she could not comply the said demand. He began to ill-treating and harassing her physically and mentally. In a panchayat, he was also admonished. However, he did not mend his ways and he was beating Renuka, coming fully drunk. On 11.4.1994 at about 8.30 p.m. the accused quarrelled with Renuka, doused her with kerosene and set her on fire. At 9.15 p.m. Renuka's paternal uncle Pittala Anjaneyulu (PW-1) lodged report with Bhongir town police, and Y. Venkat Reddy, Sub-Inspector (PW-11) registered the case. He rushed to the house of the deceased and prepared Ex.P.3 scene of offence panchanama in the presence of India Ramesh (PW-6) and another. He seized 5 litre kerosene empty tin M.O.I. He also prepared a rough sketch of the place. Renuka was shifted to Government Hospital, Bhongir, and from there to Gandhi Hospital, Secunderabad. Sri K. Seetharam Naidu, XIII Metropolitan Magistrate, Secunderabad (PW-9), recorded the dying declaration of Renuka on the same night, in the presence of Dr. I. Bhaskara Raju (PW-12), Casuality Medical Officer, Gandhi Hospital, Secunderabad. Renuka succumbed to injuries at 2.30 p.m. on 23.4.1994. On receiving the intimation the Sub-Inspector (PW-11) requisitioned M.R.O. PW-8 to conduct inquest, and it has been conducted in the presence of PW-7 and another panch. Ex.P.4 is the inquest panchnamma. Dr. N. Dudaiah (PW-10) conducted autopsy over the dead body of the Renuka and issued Ex. P. 8 Post-mortem examination report. Charge sheet was filed in the Court of Additional Judicial Magistrate, 1st Class, Bhongir, who committed the case to the Court of Session, Nalgonda. The I Addl. Sessions Judge, Nalgonda, framed charges under Sections 498-A and 302 IPC. The accused pleaded not guilty and claimed trial.