M SRINIVASULU Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is filed against the judgment of the II Additional Metropolitan Sessions Judge, Hyderabad in SC No.167 of 1993 dated 5-7-1994 convicting the appellant Nos.1 and 2 herein, under Section 304-B and sentencing them for a period of 10 years rigorous imprisonment and a fine of Rs.1000/- and 7 years rigorous imprisonment and a fine of Rs.500/- respectively.

(2.) The case of the prosecution briefly is as follows: The deceased Padma @ Pitchamma married to accused No.1 Sreenivasulu on 21-5-1989. At the time of marriage, PW1- father of the deceased gave Rs, 10,000/- in cash, five tolas of gold, other household articles worth Rs.3000/- and Rs.1200/- towards clothes to accused No.1. Accused No.1 was employed as sub-staff of Karnataka Bank, Secunderabad. Accused No.2 is the mother of accused No.1 and she used to visit accused No.1 in the city and did not allow the deceased to fulfil conjugal obligations. At the instigation of accused No.2, accused No.1 had demanded Rs.5,000/- more from the parents of the deceased to purchase a scooter as additional dowry. PW1-father of the deceased paid the said amount to accused No.l. Inspite of the same, both the accused made repeated demands for additional dowry upon the deceased. On one occasion, a sum of Rs. 1,000/- and on another occasion a sum of Rs.2,000/- was paid by PW1 to the accused. But the accused persons did not stop ill- treatment and harassment towards the deceased. After some time, when the deceased and her parents came to know that accused No.2 was performing another marriage to accused No.1, immediately they went to the house of the accused but accused No.1 refused to take the deceased into the house. Accused No.2 ill-treated the deceased and both the accused asked the deceased to go back to her parents house. Accused No.1 threatened to immolate the deceased and accused No.2 threatened to poison the deceased and insisted to stay in the house of in-laws. Therefore, the deceased was taking shelter in the house of her parents and about 2 months prior to the incident, on the assurance given by both the accused before the elders, the deceased joined accused Nos.1 and 2 to fulfil conjugal obligations. Inspite of the same, the accused continued ill-treatment and harassment against the deceased for more dowry. Because of the persistent ill-treatment and cruelty meted out by the deceased towards the deceased, on 17-9-1992 at about 9.30 a.m., the deceased set herself ablaze and died with 100% burn injuries in Gandhi Hospital while undergoing treatment.

(3.) In support of its case, the prosecution has examined in all 11 witnesses, got marked Exs.Pl to P16 and MOs.1 and 2. For defence, Ex.Dl and Ex.D2 were marked. PW1 and PW2 are father and mother of the deceased respectively. PW3 is the relative of PWs.1 and 2. PW4 is the elder brother of the deceased. PW5 is the sister of the deceased. PW6 is the caste elder. PW7 is a panch witness. PW8 is the inquest panch- PW9 is the Mandal Revenue Officer who conducted inquest over the dead body of the deceased. PW10 is the doctor who conducted autopsy over the dead body of the deceased and PW11 is the Investigating Officer.