SIVAGALLU SAILU Vs. STATE

JUDGEMENT

(1.) These two Criminal Appeals, under Section 374 (2) of the Code of Criminal Procedure, the first by the appellant-accused through his Advocate and the second through Legal Aid question the conviction and sentence imposed against the appellant herein, by judgment dated 10.07.2008 passed in S.C. No. 292 of 2007 on the file of the Court of the I Additional Sessions Judge at Mahabubnagar.

(2.) The case of the prosecution in brief is that on 11.09.2006, at about 10.00 a.m., P.W.9, the father of the deceased, Andalu, lodged a report with the Kothur police stating that about eight years back, he performed the marriage of his daughter-deceased with the accused-Sivagalla Sailu of Nandigama. Out of the wedlock, they were blessed with one male and one female child. Since one year prior to the incident, the accused had been harassing the deceased mentally and physically demanding to get Rs.1,00,000/- additional dowry from them, for purchasing a motorcycle and constructing a house. Unable to witness the harassment, he purchased a house for Rs.18,500/- at Nandigama and gave it to the accused. While so, after disposal of their joint family property, the accused received Rs.30,000/- towards his share. He kept the same in the custody of P.W.9. Later, instead of asking return of the said amount of Rs.30,000/-, the accused harassed the deceased to get Rs.60,000/- from him. On one or two occasions, the accused even attempted to set the deceased on fire, but she escaped.

(3.) The accused suspecting that the deceased was having illicit relationship with one Shankeriah, escalated the physical harassment against the deceased. In that connection, two months prior to the incident, P.Ws. 5 and 6-village elders, held a panchayat, wherein the accused was advised by the panchayat not to harass the deceased, but he did not change his behaviour and continued to harass the deceased. On 07.09.2006, at about 10.00 p.m., the accused came home in a drunken condition, snatched the mangalasutram from the neck of the deceased, poured kerosene on her body and set fire to her, and thereafter, left the house. The deceased sustained severe burn injuries. P.Ws. 1 and 2 rushed to the spot and saw the deceased lying in front of her house with burn injuries.