BOMMIDI RAJAMALLU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment in S.C. No. 590/1993, dt. 28-2-1995 on the file of the I Additional Metropolitan Sessions Judge, Hyderabad, in which the appellant-accused has been convicted for the offences under Sections 498-A and 306, I.P.C., and sentenced to imprisonment for a period of five years and to pay a fine of Rs. 200.00 and imprisonment for a period of two years and to pay a fine of Rs. 100.00 respectively with appropriate sentence in default of payment of fine and both sentences have been directed to run concurrently.

(2.) The case of the prosecution may be stated briefly as follows :The deceased, Shiva Kumari is the daughter of P.W. 1. She was married to the accused eight years prior to her death. She had a son and two daughters through the accused. The marital life went on happily for six years after the marriage. Thereafter, the accused started quarrelling with the deceased-Shiva Kumari and used to beat her in a drunken state. The deceased has been informing of this conduct of the accused to her parents and elder brother from time to time. The elders advised the accused to mend himself. While so, on 29-1-1993 at about 7.30 p. m., the accused went to his house in a drunken state, abused and beat the deceased. She questioned him about his drunkenness and insisted him not to drink. Unable to bear his torture, she poured kerosene on her and set herself ablaze. On information, her mother, P.W. 1 and her brother, P.W. 2 went to her house and found the deceased in flames. They shifted her to the Osmania General Hospital. On the next day at about 3.00 a.m. she succumbed to her injuries. While alive, her statement was recorded by the Sub-Inspector of Police, Mangalhot Police Station and on the basis of the first information report Cr. No. 7/93 was registered for offence under Section 498-A, I.P.C. After the death of Shiva Kumari the Section of law was altered under Ex. P-17 alteration memo, by adding Section 306, I.P.C., and the police investigated the case and filed the charge-sheet. During the trial, P.Ws. 1 to 14 have been examined and Exs. P-1 to P-18 and M.Os. 1 to 5 have been marked. The accused has not chosen to adduce any evidence. When examined under Section 313, Cr. P.C., the accused denied the allegation made against him. Based on the evidence, the learned Sessions Judge found the accused guilty for the offences under Sections 498-A and 306, I.P.C., and sentenced him as mentioned above. It is this conviction and sentence, which is challenged now in this appeal.

(3.) The learned counsel for the appellant contends that the witnesses P.W. 1, the mother, P.W. 2, the brother, P.W. 3, another brother, P.W. 4, a relative, P.W. 5, another relative and P.W. 6, a neighbour, had deposed about the alleged harassment and ill-treatment of the deceased on the part of the accused. But their evidence is very vague and they do not claim to have been the actual witnesses to the incident of harassment or ill-treatment. P.W. 7, the sister of the deceased, has not supported the prosecution case. The contention is that the only evidence, which can be relied on by the prosecution, are the dying declaration recorded by the S.I. of Police under Ex. P-15 and the dying declaration recorded by the Judicial First Class Magistrate under Ex. P-5. It is contended that the dying declarations do not get corroborated from the other evidence on record and as such the learned Sessions Judge erred in acting upon the dying declarations.