PACHIPALA LAXMAIAH Vs. STATE OF A P

JUDGEMENT

(1.) This criminal appeal is filed against the judgment dated 6-11-1992 in Sessions Case No,84 of 1992 on the file of the Assistant Sessions Judge, Miryalaguda, Nalgonda, District in convicting the appellant under Section 306 IPC and sentencing him to undergo simple imprisonment for a period of ten years and also to pay a fine of Rs.5,000/- and in default, to suffer simple imprisonment for a period of six months.

(2.) The case of the prosecution is that the accused and his wife by name Venkata Ramana are the residents of Huzurnagar; and eversince the date of their marriage, the accused used to ill-treat her, their marriage has been taken place about 11 years back; and the accused used to take liquor and beat her; and the accused also used to borrow amounts from others and failed to repay the same; and the creditors used to come and demand for return of money; and when the deceased Venkata Ramana asked the accused to mend his behaviour, he used to beat her and ill-treated her; Venkata Ramana has no parents; she was unable to bear the harassment from the accused and committed suicide by pouring kerosene on herself and set herself ablaze on 6-2-1992 at 8.30 p.m. The said Venkata Ramana was taken to the Government Hospital. Huzurnagar; and there, the Head Constable recorded the statement of the said Venkata Ramana and registered a case in Cr.No.1392 under Section 498-A IPC and took up investigation. The Judicial First Class Magistrate, Huzurnagar, on a requisition from the police, recorded the dying declaration of the said Venkata Ramana in the Hospital on the same day. Thereafter, the said Venkata Ramana was referred to the District Headquarters Hospital, Khammam for expert treatment. On the next day, i.e., on 7-2-1992, at 11.25 a.m., she succumbed to injuries. On receipt of the death intimation, the Head Constable altered the section of law in one of 306 IPC. The Head Constable recorded the statements of the said Venkata Ramana and also the statements of P. Anjamma (PW4), G. Parvathamma (PW1) and P. Venkataiah (PW3); and thereafter, he proceeded to Khammam, held inquest over the dead body of the deceased in the presence of the mediators and sent the dead body for post-mortem examination. The Medical Officer certified that the deceased would appear to have died "due to shock and due to extensive burns". On 20-2-1992, the Head Constable arrested the accused and sent him for remand. The investigation reveals that the accused and the deceased have no issues; and that the accused addicted to lavish spending, and for that purpose, he used to borrow amounts from others; and that he also used to pick up quarrels with the deceased and beat her. As a result of that, the deceased committed suicide.

(3.) The prosecution examined PWs.1 to 7 and marked Exs.Pl to P7. Except PW4, no other witnesses have supported the case of the prosecution. The learned Sessions Judge convicted the appellant mainly based on the dying declarations recorded by the Head Constable as well as the Judicial I Class Magistrate, which are marked as Exs.P5 and P7.