A T BHEEMAIAH Vs. STATE OF A P

JUDGEMENT

(1.) In this case, A-1 to A-3 who are the appellants before this Court have been convicted under Section 498-A and 306 IPC. Under both the offences they have been sentenced to three years rigorous imprisonment and a fine of Rs. 500/- has been imposed in default of payment of fine they have to undergo further imprisonment of three months. The facts leading to the prosecution of the appellants are summarized below.

(2.) One Smt. Revathi Devi was married to AT. Bheemaiah (A-1) in the year 1987 at Ananthapur. After marriage she started residing with her husband and parents-in- law. (A-2 and A-3). It was alleged that she was illtreated by all the accused, they used vulgar language while talking to her, A-1 to A-3 forcibly snatched away her gold ornaments i.e., a pair of ear studs and gold ring, they sent her to her parents to get cash of Rs.1,000/-, they also asked her not to return to their house till the arranges the cash of Rs.1,000/- Revathi Devi remained with her parents. Two months prior to the occurrence A-1 to A-3 went to Ananthapur, engaged some unsocial elements and attacked the parents of Revathi Devi and tried to kidnap her. Sri K.S. Prasad, cousin of Revathi Devi intervened and a panchayat was conducted at Ananthapur and the matter was passified and Revathi Devi was sent to the house of her in-laws. In the meanwhile A-1 to A-3 decided to have second marriage of A-1. Due to this harassment and illtreatment Revathi Devi committed suicide by pouring kerosene oil on herself and then setting herself to fire. The incident occurred at 1.20 p.m. on 5-12-1989 at the house of A1 to A3 in H.A.L. Balanagar. Smt. Revathi Devi received burn injuries, she was admitted in Gandhi Hospital where she expired on the next day i.e., 6-12-89 at about 6.30 p.m. One Sri Prasad (P.W.I), Senior Manager in H.A.L, Hyderabad came to know about the incident and presented the complaint Ex. P-1 to police at 2.00 p.m. on 5-12-89 which was registered by the Police Inspector P.W. 12. P.W.ll sent a requisition to the Magistrate to record dying declaration of Revathi Devi. The Magistrate recorded dying declaration between 5.05 p.m and 5.20 p.m on 5-12-89 which is marked as Ex. D-10. P.W.9 conducted the inquest over the dead body on 7-12-89 his report is Ex.P-3, it was attested by P.W.8 and others. Thereafter, prosecution was launched. The accused were charged under Sees. 498-A, 304-B and 306 of IPC. The accused denied the allegations. The prosecution examined twelve witnesses and exhibited Exs.P-1 to P-7 and marked M.Os. 1 to 4, Exs.D-1 to D-8 were exhibited by the defence. The dying declaration Ex.D-10 was also exhibited by the defence.

(3.) P.W.I is a Senior Manager in H.A.L Factory, Balanagar. He stated that, he knew A-2 who is an employee of H.A.L Factory, Revathi Devi is his daughter-in-law. He knew A-1 also who is son of A-2. He knew A-3 also who is wife of A-2. He stated that Smt. Revathi Devi set fire to herself in the house of A-2 at about 1.20 p.m. on 5-12-89. When he was about to go to the factory, A-3 came and informed him that her daughter- in-law was inflames. He instructed the security personnel of the factory to convey the message to A-2 who was in the factory. He took his jeep, accompanied by one Inspector Saibaba he went to the house of A-2. There was a crowd already in the house. He and the Inspector entered into the house and found Revathi Devi withburn injuries in bathroom of the house. They shifted her into the jeep, by that time A-2 and A-3 also arrived, the injured was taken to the dispensary, Doctors examined her, thereafter she was shifted to Gandhi Hospital, Secunderabad for treatment. He lodged a complaint with P.S., Balanagar.