AMBADIPUDI PARASURAMUDU ANANTAPUR Vs. STATE OF A P

JUDGEMENT

(1.) Dola Rupa Devi, who is quite a young girl, committed suicide by pouring kerosene over herself and immolating her on 29.3.2001. The deceased Rupa Devi was admitted to the Government Hospital, Markapur with bum injuries. PW8, the then Junior Civil Judge, Markapur, recorded Ex. P12 dying declaration of the deceased at the hospital. In her dying declaration, Rupa Devi alleged that the accused kidnapped her on 11.1.2001 and that the deceased, who was unable to withstand the disgrace, had attempted to commit suicide. Unfortunately, Rupa Devi breathed her last thereafter. The statement of the deceased was registered as First Information Report (FIR). The statement of the deceased was subject to altered FIR under Ex.Pll.

(2.) PW7, Sub-Inspector of Police, Markapur Police Station received intimation at the outset from the hospital under Ex.P4, went to the hospital and recorded the statement of the deceased under Ex.P7 and issued Ex.P9 FIR under Section 174 of the Criminal Procedure Code (Cr.P.C.).'On account of altered FIR, police investigated the case and laid the charge-sheet.

(3.) Police lodged charge-sheet against the sole accused alleging that the accused was guilty of the offences under Sections 365 and 306 of the Indian Penal Code (IPC). The learned Assistant Sessions Judge, Markapur framed charges under Section 366 and 306 IPC against the sole accused and conducted trial as the accused pleaded not guilty. As many as eight witnesses were examined by the prosecution. 12 exhibits were marked by the prosecution. The learned Assistant Sessions Judge considered that the offences of kidnap and abetment to commit suicide were made out against the accused. The accused was sentenced to undergo Rigorous Imprisonment) for three years and fine of Rs.300 for the offence under Section 366 IPC. He was also sentenced to undergo R.I. for five years and fine of Rs.500. The fines attracted appropriate default sentences. The learned trial Judge directed the sentence to run concurrently. Assailing the judgment of conviction, the sole accused preferred an appeal before the Sessions Court.