MOGILICHERLA BHIXAPATHI Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Appeal is preferred by the accused-A1 and A2 against the Judgment dated 21.03.2006 delivered in S.C.No.252 of 2005 by III Additional Sessions Judge, Karimnagar, whereby the accused are found guilty of the offence punishable under Sections 498-A, 302 read with 34 IPC, 304-B IPC and Sections 3 and 4 of Dowry Prohibition Act and convicted and sentenced them to under imprisonment for life and pay a fine of Rs.1,000/- each, in default of payment of fine, they shall undergo Simple Imprisonment for a period of two months each for the offence punishable under Section 302 read with 34 IPC. They are further sentenced to undergo Rigorous Imprisonment for a period of ten years each for the offence punishable under Section 304-B IPC, and further sentenced to undergo Rigorous Imprisonment for a period of two years each and pay a fine of Rs.1,000/- each, in default, to suffer Simple Imprisonment for a period of four months each for the offence punishable under Section 498-A IPC, and further sentenced to undergo rigorous imprisonment for a period of three years each and pay a fine of Rs.15,000/- each, in default, to suffer simple imprisonment for a period of one year each for the offence punishable under Section 3 of Dowry Prohibition Act and also sentenced to undergo rigorous imprisonment for a period of six months each, and pay a fine of Rs.500/- each, in default, to suffer simple imprisonment for a period of two months each for the offence punishable under Section 4 of Dowry Prohibition Act, and all the sentences shall run concurrently.

(2.) THE case of the prosecution in brief is that PW1 - M.Rajalaxmi, who is the mother of Kalavathi - deceased, performed the marriage of her daughter with A1 about four years prior to her death and agreed to give Rs.45,000/- as dowry. Out of the agreed dowry, she paid Rs.35,000/- at the time of marriage and promised to pay the balance dowry subsequently. A2 is the mother of the A1. THE couple lead marital life happily for sometime, and thereafter, the accused used to ill-treat Kalavathi for getting balance dowry and also additional dowry of Rs.15,000/-. THE deceased used to disclose her owes to her parents whenever she visited their house, but they used to console her and send back to her-in- laws' house. While so, on 13.04.2004, at about 05.30 p.m., when PW1 was in Jaya Bharathi School, where she was working as Attendant, PW3, who is her son, informed that Kalavathi sustained burn injuries and he shifted the victim to MGM Hospital. Immediately, she rushed to the hospital, found the deceased with burn injuries. When she enquired with the deceased as to how the incident happened, she stated that the accused poured kerosene on her and set fire to her on the ground that she failed to bring balance dowry. THE deceased succumbed to injuries while undergoing treatment in the hospital. While undergoing the treatment, PW10 - IV Additional Junior Civil Judge, Warangal, recorded her dying declaration. PW1 lodged complaint against the accused. PW15 - Assistant Sub- Inspector of Police, Kamalapur Police Station, registered a case against the accused and PW16 - Sub-Divisional Police Officer, took up investigation, arrested the accused on 18.06.2004, and after completing the investigation filed charge sheet.

(3.) PW10, the then IV Additional Junior Civil Judge, Warangal, deposed that on 13.04.2004, at 07.30 P.M. on receipt of a requisition from out-post police, M.G.M. Hospital, Warangal, for recording dying declaration, he went to the hospital, but before he recorded dying declaration, the deceased was certified by the duty Medical Officer that she was in fit state of mind, conscious and coherent to give her statement, and the Doctor also made an endorsement to that effect, and then PW10 recorded her dying declaration, which is marked as Ex.P12, and he read over and explained the contents to her, who accepted the same, and he obtained her right toe impression at the end of the dying declaration. PW11 deposed as to the seizure of M.Os. 1 to 4 by the police under Ex.P15. PW12 - Dr.L.Vinod Kumar, who was Assistant Professor, Department of Forensic Medicines, Warangal, deposed that on 14.04.2004, on receipt of requisition from the Mandal Revenue Officer, he conducted autopsy over the dead body of the deceased and opined that the deceased suffered 90% of burns and died of burn injuries. PW13, the then Mandal Revenue Officer, Warangal deposed as to the conduct of inquest over the dead body of the deceased. He and other panchas opined that the deceased died of burn injuries. PW14, photographer, deposed that he took photographs of the dead body of the deceased at mortuary of M.G.M. Hospital, Warangal. PW15, the then Sub-Inspector of Police, Kamalapur, deposed that he gave requisition to PW13 for conducting panchanama because she died within seven years from the date of marriage. He visited the scene of offence, prepared rough sketch and seized M.Os. 1 to 4. PW16, the then Sub-Divisional Police Officer, Karimnagar, who took up investigation in the matter, deposed that on 16.04.2004 he visited the scene of offence i.e. the house of the accused, secured the presence of PWs.1 to 8 and PW14, examined them and recorded their statements under Section 161 Cr.P.C. Heard the learned counsel for the appellants and the learned Additional Public Prosecutor appearing for the State.