BOINA MALLAIAH Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is preferred by three accused in Sessions Case No. 387 of 1996 on the file of the I Additional Sessions Judge, Nalgonda. All the three accused were convicted for killing the deceased Smt. Boina Sasirekha by fire, under Section 302 read with Section 34 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- each/ in default to suffer R.I. for one year. They were also convicted under Section 498-A IPC, for harassing the deceased for not begetting children, and sentenced to undergo R.I. for one year and to pay a fine of Rs. 500/- each, in default to suffer S.I. for three years.

(2.) The case of the prosecution is briefly as follows: A-1 is the husband, A-2 and A-3 are the parents-in-law of the deceased woman Sasirekha. The marriage of deceased took place with A-1 about ten years prior to her death. They lived happily for about seven years. Thereafter, the accused started harassing her physically and mentally on the ground that she did not beget children. They necked her out about 11/2 years prior to her death. When the parents of the deceased got her examined by a doctor for the cause of her not begetting children, the doctor advised them to bring A-1 also for treatment. The parents of the deceased requested A-1 to go for medical check up, but he refused. Later the deceased being convinced by her parents went to the house of the accused, but they sent her away about six months prior to the incident demanding to bring Rs. 10,000/- for not begetting children. The parents of the deceased gave Rs. 2,000/- in cash and other household articles. The accused being not satisfied with cash and household articles resorted to commit the offence against the deceased at their house. On 2-4-1996 at about 11 p.m. the accused picked up quarrel with the deceased and alleged that she had hidden silver anklets. They proclaimed that they would kill her and perform another marriage to A-1. Accordingly, during the fateful night A-2 poured kerosene on the deceased, A-1 lit fire to her saree, which resulted in severe burns. The accused sent information to the parents of the deceased stating that the deceased suffered burns in an accidental fire. The parents of the deceased and others came to the house of the accused and shifted the deceased to the Government Hospital, where she succumbed to injuries on the next morning while undergoing treatment. The accused were charge sheeted.

(3.) The prosecution in order to prove the guilt of the accused examined P.Ws.1 to 15 and marked Exs.P-1 to P-21 and M.Os.1 to 3.