SHAIK ABDUL RAHEEM Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 14.08.2006 passed in Sessions Case No.185 of 2004 on the file of VI Additional Sessions Judge (Fast Track Court), Narsapur, West Godavari District, whereby and whereunder the learned Additional Sessions Judge convicted A1 Shaik Abdul Raheem for the offence under Section 498-A IPC and sentenced him to suffer rigorous imprisonment for three years and to pay a fine of Rs. 500/-, in default, to suffer simple imprisonment for one month.

(2.) A1 Shaik Abdul Raheem, A2 Shaik Babji Saheb and A3 Shaik Hussenbee were tried for the offences under Sections 304-B and 498-A IPC.

(3.) The prosecution case, in brief, is: PW.1 Shaik Musthapha and PW.2 Shaik Nannibibi are husband and wife. PW.4 Shaik Hussain Beebi, PW.5 Shaik Asha Begum and Shaik Shaina Begum @ Sunni Begum are their children. Smt.Sunni Begum was married to A1 Shaik Abdul Raheem on 26.04.2001. Their marriage was officiated by PW.16 Mohammad Akthar Quasmi. Ex.P2 is the copy of the marriage certificate issued by him. At the time of marriage, PW.1 Shaik Musthapha and PW.2 Shaik Nannibibi gave cash of Rs. 1,10,000/- to A1 Shaik Abdul Raheem and gifted 90 cents of wet land to Smt.Sunni Begum. A2 Shaik Babji Saheb and A3 Shaik Hussenbee are parents of A1 Shaik Abdul Raheem. Smt. Sunni Begum joined with A1 Shaik Abdul Raheem for marital life. She brought Sare Saman worth of Rs. 50,000/- from her parental home at the time of her joining with A1 Shaik Abdul Raheem for martial life. A1 Shaik Abdul Raheem insisted Smt.Sunni Begum to sell the land gifted by her parents at the time of marriage and harassed her on that score. A2 Shaik Babji Saheb and A3 Shaik Hussenbee joined with A1 Shaik Abdul Raheem in insisting her to sell the land gifted by her parents at the time of marriage. Smt.Sunni Begum informed her parents about the demand of the accused and consequential harassments. Some mediation took place, wherein A1 Shaik Abdul Raheem assured the parents of Smt.Sunni Begum that he would treat her properly. On 26.06.2003 at about 6.00 P.M. Smt. Sunni Begum being not able to put up the harassment, set fire to herself and received burn injuries. A1 Shaik Abdul Raheem shifted her to Government Community Health Centre, Palcol, for treatment. PW.1 Shaik Musthapha received information at about 6.30 P.M. and rushed to the hospital and found Smt.Sunni Begum with burn injuries on her person. PW.14 Dr.V.Nalini, CAS, Govt. Community Health Centre, Palcol, sent Ex.P8 hospital intimation to the Station House Officer, Palcol Town Police Station. PW.13 A.Chakradhara Rao, ASI, received Ex.P8 hospital intimation, rushed to the Government Community Health Centre and recorded the statement of Smt.Sunni Begum, which has been exhibited as Ex.P9. PW.14 Dr.V.Nalini, endorsed on Ex.P9 statement about the state of mind of Smt.Sunni Begum while her statement being recorded by PW.13 A.Chakradhara Rao. Ex.P10 is the case sheet maintained by the Government Community Health Centre, Palcol, in respect of Smt.Sunni Begum. PW.13 A.Chakradhara Rao, ASI, sent Ex.P8 hospital intimation and Ex.P9 statement of Smt.Sunni Begum to the Station House Officer, Mogalturu P.S. on the point of jurisdiction. PW.17 M.J.V.Bhaskara Rao, S.I. of Police, Mogalturu P.S., received Ex.P8 hospital intimation and Ex.P9 statement of Smt.Sunni Begum and registered a case in Crime No.104 of 2003 for the offence under Section 498-A IPC and issued Ex.P14 FIR. He examined PW.1 Shaik Musthapha and PW.2 Shaik Nannibibi and recorded their statements under Section 161 Cr.P.C. He recorded the statement of Smt.Sunni Begum. Ex.P17 is the statement of Smt.Sunni Begum recorded by him. He inspected the scene of offence in the presence of PW.10 Elamachili Veereswara Sarma and PW.11 Kasani Kumar Nehru and prepared Ex.P4 observation report. While observing the scene of offence, he effected seizure of MO.1 Kerosene Plastic Tin. PW.19 Sri R.J.Viswanadham, the then Judicial Magistrate of First Class, Palcol received Ex.P19 hospital intimation on 26.026.06.2003 at 10.15 P.M. to record the dying declaration of Smt.Sunni Begum. He recorded the dying declaration of Smt.Sunni Begum, after satisfying himself about the fit state of mind of Smt.Sunni Begum and on obtaining the certificate from the duty doctor (PW.14). Ex.P20 is the statement of Smt.Sunni Begum recorded by him. PW.14 Dr.V.Nalini referred Smt.Sunni Begum to the Government Headquarters Hospital for better treatment. But, PW.1 Shaik Musthapha admitted Smt.Sunni Begum in a private nursing home viz., Sanjeevini Emergency Hospital, Palcol. While undergoing treatment, Smt.Sunni begum succumbed to the burn injuries on 15.07.2003 at about 8.30 A.M. On receipt of death intimation, PW.17 M.J.V. Bhaskara Rao, SI of Police, Mogalturu P.S., altered the FIR. PW.18 Sri V. Satyanarayana, the then MRO, Mogalturu, conducted inquest on the deadbody of Smt.Sunni Begum (hereinafter referred to as the deceased) in the presence of PW.10 Elamanchili Veereswara Sarma and PW.12 Shaik Allah Mohammad. Ex.P5 is the inquest report. After the inquest, deadbody of the deceased was subjected to postmortem examination. PW.9 Dr.G.Prabhakara Rao, CAS, Govt. Community Health Centre, Palcol, conducted autopsy on the deadbody of the deceased on 15.07.2003 and issued Ex.P3 postmortem certificate, opining that the deceased died of septic shock due to extensive burns about 24 to 30 hours prior to postmortem examination. After completing the investigation, PW.20 K.V.Babji, Sub-Divisional Police Officer, Narsapur, laid charge-sheet before the Additional Judicial Magistrate of First Class, Narsapur.