(1.) A.2, the sole petitioner in this case, is convicted and sentenced under Sec. 306 Penal Code to suffer R.I. for 3 years and also to pay a fine of Rs. 100.00 in default to suffer S.I. for one month. This sentence is imposed by the Principal Assistant Sessions Judge, Tenali. On appeal, the District and Sessions Judge, Guntur confirmed the conviction and modified the period of imprisonment from 3 years to 2 years R.I, against which the present revision is preferred. The facts of the case are as follows.
(2.) A.1 is the husband of the deceased. He was addicted to vices and he used to beat the deceased very often. On 6-12-1986 at about 10 a.m. A.1 tried to take away brass binde from his house to sell it for his drink, the deceased objected and on which A.1 beat the deceased. Then the deceased threatened that she will commit suicide, if A.1 takes away the vessel. Then A.1 gave Rs. 5.00 to the deceased and abetted the deceased to commit suicide, and went away. After A.1 left the house, the deceased complained about the incident to her father A.2 (the petitioner herein) who was present at that time. On that, the petitioner stated that it was their family affair and he cannot interfere in their matter, and at the end he said that if she chooses to die, she can die. Thereafter, the deceased secured kerosene through her brother with the money given by A.1 and poured the same on her body and set fire to herself. She was immediately taken to the Government hospital, Tenali where her dying declaration was recorded by II Additional Munsif Magistrate, Tenali. The deceased died due to burn injuries at 6-30 p.m. on 6-12-1986. On intimation, P.W. 9 the S.I. of Police came to the hospital, took up investigation, and registered the crime. P.W. 7 the medical officer who conducted post mortem on the dead body of the deceased opined that the deceased died of shock due to extensive burns. Ex. P. 11 is the post-mortem certificate. Prosecution in all examined P.Ws. 1 to 10. P. Ws. 1 and 2 are the mother and brother of the deceased (i.e., P.W. 1. is the wife of the petitioner and P.W. 2 is his son). P.W. 3 is the mother of A.1, and P.W. 4 is the brother of A.1. P.Ws. 1 to 4 turned hostile and did not support the prosecution case.
(3.) When the accused were examined, they denied the offence. The appellate Court, after considering the entire material evidence on record, confirmed the conviction imposed by the Assistant Sessions Court but modified the sentence from three years R.I. to two years R.I., confirming the fine, against which A.2 the father of the deceased preferred this revision.