DEVANNA Vs. BALLARI

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 20.06.2011 passed by the learned Fast Track Court-III, Hosapete in S.C.Nos.28/2009 and 51/2009 whereunder, accused Nos.2 and 3 were acquitted for the charges leveled against them and accused No.1 was held guilty for the offences punishable under Sections 498(A), 304-B and 302 of IPC and also Sections 3 and 4 of Dowry Prohibition act.

(2.) We have heard the learned counsel for the appellant Sri.T.Hanumareddy and the learned Additional SPP Sri.V.M.Banakar for the respondent- State.

(3.) The genesis of the case in brief is that; the marriage between the deceased and the appellant/accused took place about 10 months back. They lived happily for two months. During the marriage talks, the parents of the deceased agreed to give cash of Rs.10,000/-, half tola gold ring and Jhumki as well as ear studs. In pursuance of the said agreement, Rs.10,000/- cash and half tola gold was given. Because of financial crises, the parents of the deceased were not able to give Jhumki and ear studs, at the time of marriage. After two months of the marriage, accused No.1 being the husband of the deceased, accused No.2 brother-in-law and accused No.3 the wife of accused No.2, started ill-treating and harassing the deceased both physically and mentally to bring cash of Rs.10,000/- in lieu of Jhumki and ear studs from her parents house. On account of non fulfillment of the said dowry demands, accused persons with an intention to take away the life of the deceased, on 07.04.2008 at about 7.00 pm, accused No.1 poured kerosene on the deceased-Deepa and other accused persons pushed her towards the hearth and as a result of the same, fire caught to her saree and she started making hue and cry and came out. The neighbors and others tried to drowse the fire but, by that time she sustained burn injuries. She had been immediately taken to the hospital. Accused No.1 has also sustained burn injuries to his hands and knees. He was also treated in the hospital. During the course of treatment, the ASI recorded the statement of the deceased and on the basis of the said statement, a case has been registered in Crime No.56/2008 and subsequently after her death, Sections 304-B and 302 of IPC have been included. On the basis of the complaint, police investigated the case and filed the charge sheet. The learned Magistrate committed the case to Sessions Court.