BANOTH BASU Vs. STATE OF A P

JUDGEMENT

(1.) THIS criminal appeal is filed by Accused No.1 against his conviction and sentence in S.C.No.367 of 2006 vide judgment dated 15.12.2006 on the file of the court of VI Additional Sessions Judge (III-FTC), Warangal at Mahabubabad, wherein Accused No.1 was found guilty of the offences punishable under Sections 498-A, 302 IPC and sentenced him to undergo rigorous imprisonment for three years for the offence punishable under Section 498-A IPC and he was further sentenced to undergo imprisonment for life for the offence punishable under Section 302 IPC. Both sentences were ordered to run concurrently.

(2.) THE case of the prosecution in brief is as follows: A.1 is the husband of the deceased-Banoth Maji and brother of A2 to A4. A1, A3 and A4 are residents of Salar Thanda of Mahabubabad and A2 is a resident of Rajole village. About 15 years ago, the marriage between A1 and deceased took place as per caste customs. PWs.1 and 2, parents of the deceased, gave Rs.10,000/- to the accused on demand. After the marriage, the deceased joined the company of A.1 and led happy marital life and they were blessed with two sons i.e. PW.3-Banoth Ramesh and PW.4-Banoth Balaji. THEreafter, A.1 was addicted to alcohol and started harassing the deceased physically and mentally demanding her to give money for consumption of alcohol and A2 to A4 also supported A1. Due to the constant harassment, the deceased approached her parents (PWs 1 and 2) and elders, PW.11, PW.9 who held a panchayat and warned A1 and advised him to look after the welfare of the deceased and children properly. THEn, A1 took the deceased and his two children with him to his place. But, A1 did not change his attitude. While things stood thus, on 5.2.2006, as usual at 7.00 p.m., A1 returned to his house after consuming alcohol, picked up a quarrel with the deceased, abused her, beat her and pushed his sons PW.3 and PW.4 outside the house and picked up MO1-small kerosene tin, poured kerosene on the deceased and set her ablaze. THEn A1 came out of the house, closed the door and bolted from outside and the deceased, due to fire, sustained severe burn injuries and raised hue and cry, and the same was witnessed by PW.3 and PW.4 and also neighbours PWs 5 to 7. Immediately, PWs 3 and 4 rushed to their grand-parents -PWs 1 and 2 and informed them about setting her ablaze by A1 after pouring kerosene on the deceased. A.1 escaped and absconded from Thanda. THEn, PWs 1 and 2 shifted the deceased to Area Hospital, Mahabubabad for treatment and PW.1 gave Ex.P.1 report to the Police. Later. she succumbed to burn injuries on 19.2.2006 at about 7.30 a.m. while undergoing treatment. THE Police after investigation filed charge sheet.

(3.) THE trial court, after taking into consideration the evidence placed on record and the facts and circumstances of the case, found Accused No.1 guilty of the offences punishable under Sections 498-A and 302 IPC while acquitting A2 to A4 of the offence punishable under Section 498-A IPC. Consequently, A1 was convicted of the offence under Section 498-A IPC and sentenced to undergo rigorous imprisonment for a period of three years and was further convicted of the offence under Section 302 IPC and sentenced to undergo imprisonment for life. Both the sentences were ordered to run concurrently. Challenging the above conviction and sentences, Accused No.1 preferred the present appeal.