M BABU RAO Vs. STATE OF A P

JUDGEMENT

(1.) The Appellants 1 and 2/A-1 and A-2 were convicted of the offence under Section 498-A Indian Penal Code and were sentenced to rigorous imprisonment for two years and fine of Rs. 2,000/-each by the IV Additional Metropolitan Sessions Judge, Hyderabad, by judgment dated 25-10-2004 in Sessions Case No. 167 of 2004. Questioning the same A-1 and A-2 filed this appeal.

(2.) A-1 is husband of the deceased, A-2 is mother of A-1, A-3 to A-7 are sisters of A-1, out of whom A-5 to A-7 are married and A-3 and A-4 were un-married. A-1 and the deceased were having two children. At the time of marriage, parents of the deceased gave Chetak scooter bearing No. AP09 AG 6785 to A-1 apart from gold and cash. As parents of the deceased failed to pay instalment amounts payable on the scooter, the financier seized the said vehicle. It is alleged that aggrieved by seizure of the scooter, A-1 to A-7 started harassing the deceased physically and mentally asking her to get back the scooter and that the deceased was under continuous harassment by A-1 and that on 02-03-2002 the accused harassed the deceased to the maximum extent driving the deceased to develop enormous mental pressure and that in that state of mind the deceased decided to kill herself and poured kerosene on herself and set fire to herself and that while undergoing treatment in Osmania General Hospital the deceased succumbed to burn injuries.

(3.) On the said allegations, the lower Court framed charge against A-1 to A-7 for the offence under Section 304-B Indian Penal Code. After trial the lower Court recorded clean acquittal of A-3 to A-7; and found A-1 and A-2 guilty of the offence under Section 498-A Indian Penal Code though they were not liable for the offence under Section 304-B Indian Penal Code.