VANAMALA AMARANADH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused filed this appeal against the judgment in S.C. No. 137 of 1993, D/- 16-6-1995 on the file of the Sessions Judge, Warangal convicting him for the offences under Sections 498-A and 306 of the Indian Penal Code and sentencing him to undergo R.I. for two years for the offence punishable under Section 498-A, I.P.C. and to suffer, R.I. for 7 years for the offence punishable under Section 306, I.P.C.

(2.) The brief facts of the case are that the appellant, a resident of Govardhangiri village of Raghunathapally Mandal, Warangal district married the deceased viz., Vanamala Bhagya Lakshmi, a resident of Shivunipally village of the same Mandal and the distance between the village of the accused and his in-laws village is about 4 kilometres. At the time of marriage, the father of the deceased paid an amount of Rs. 6,000.00 as dowry to the accused in addition to other articles as per their custom. After one year of the marriage, the marriage was consummated and the deceased joined her husband and was living with him at Govardhanagiri at her in-laws place. She has given birth to a female child and after four years of the marriage, the accused started harassing and ill-treating her to get more dowry from her parents. The deceased committed suicide by pouring kerosene on herself on 19-3-1991 at about 10.30 a.m. and she was taken to the hospital by her mother and the husband (appellant) and she was admitted in the hospital at Warrangal at about 12.55 p.m. She sustained 70% burn injuries all over the body and her statement was recorded by the Magistrate and she died at 9.30 p.m. in the night on the same day.

(3.) P.W. 1 is the father of the deceased. P.W. 2 is the mother of the deceased. They have not supported the case of the prosecution and all of them were turned hostile. P.W. 4 is the panch witness to the scene of offence and through him Ex. P-4 panchnama is marked. P.W.5 is the inquest panch and through him Ex.P-5 got marked. P.W.6 is the I Additional Munsif Magistrate, Warangal who recorded the dying declaration on 19-3-1991 at about 3.30 p.m. in the presence of the Doctor P.W.10. P.W.7 is the Doctor who conducted the post-mortem examination and Ex.P-8 is the post-mortem certificate. P.W.8 is the Head Constable who received the intimation from the hospital regarding the admission of the deceased and also the information of the death of the deceased. After receipt of the information, he gave a requisition to the Mandal Revenue Officer to conduct inquest Ex.P-5. P.W.9 is the Doctor who admitted the deceased person in the hospital at about 12.55 p.m. and he made entries in the medico-legal register and he questioned the deceased as to how she received the burn injuries and her statement is recorded in the register as follows :"Alleged to have been sustained burning by herself with kerosene by about 10.30 a.m. on 19-3-1991 at her mother's residence due to teasing of husband for dowry"The said endorsement is marked as Ex. P-12.