ANDUGULA SHANKARAIAH, Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS Criminal Appeal under Section 374(2) of the Code of Criminal Procedure (for short 'Code of Criminal Procedure') is filed by the Appellant -accused questioning the judgment of conviction passed in Sessions Case No. 47 of 2007 by the Principal Sessions Judge, Nalgonda, on 25.07.2007 wherein the Appellant was convicted under Section 235(2) Code of Criminal Procedure and sentenced to undergo imprisonment for Life and also to pay fine of Rs. 2,000/ -, in default to suffer simple imprisonment for six months, for the offence punishable under Section 302 of Indian Penal Code (for short 'Indian Penal Code').

(2.) THE case of the Prosecution, in brief, is that about four years prior to the incident in the present case, the marriage of the deceased was performed with the Appellant. At that time, net cash of Rs. 20,000/ -, gold and silver ornaments and household articles worth Rs. 40,000/ - were given towards dowry. Thereafter, the couple led happy marital life for six months and thereafter accused started harassing the deceased to bring additional dowry. Even after taking Rs. 10,000/ - towards additional dowry from the parents of the deceased for house construction house, accused continued his harassment on the deceased. On 24.09.2006 when the mother and brother of the deceased questioned the accused about his harassment, accused picked up quarrel with them and manhandled the deceased. On seeing the same, the mother and brother of the deceased left the place and took shelter in the house of one Rama Chandram. While so, on the same day at about 2100 hours accused again picked up a quarrel with the deceased, poured kerosene on her and lit fire. On hearing the cries of the deceased, her mother, brother and other neighbours went there, put off fire and shifted her to Govt. Quarters Hospital, Nalgonda. On 27.09.2006 while undergoing treatment the deceased succumbed to burn injuries. In the meanwhile, the dying declaration of the deceased was recorded by the Judicial First Class Magistrate, Nalgonda. Basing on the complaint lodged by the mother of the deceased on 26.09.2006, Police registered a case in crime No. 82 of 2006.

(3.) THE investigation agency after completion of entire investigation and receiving necessary certificates filed charge against the sole accused, which was numbered as P.R.C. No. 91 of 2006 by the Judicial Magistrate of First Class, Nalgonda.