KEESARI VENKATA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Criminal Appeals No. 361 of 2003 and 362 of 2003 arise out of Sessions Case No.711 of 2000 tried and decided by III Additional Sessions Judge, Warangal. Since one of the accused has been sentenced to death by the learned Sessions Judge in the same case a reference has been received by this Court being R.T.No. 1 of 2003. All the three matters pertain to the same judgment therefore they are disposed of together. Criminal Appeal No. 361/2003 is filed by A1 and Criminal Appeal No. 362/2003 is filed by A2 and A3. All the three accused were tried by the learned Additional Sessions Judge for the offences under section 498-A, 304-B and 302 of IPC and sections 3,4 and 6 of Dowry Prohibition Act. They pleaded not guilty and claimed to be tried. Prosecution examined 19 witnesses and marked 11 exhibits. No evidence was led in defence. A1 to A3 were convicted under section 302 IPC. A1 was sentenced to death. He was also fined Rs.5,000/- in default of payment of fine he has to undergo simple imprisonment for two years. A2 and A3 were sentenced to life imprisonment under section 302 IPC. They were also fined Rs.5,000/- in default they have to undergo simple imprisonment for two years. All the three accused were also convicted under section 304-B IPC but no separate sentence was given. All the accused were also convicted under section 498-A IPC and all of them were sentenced to rigorous imprisonment for three years. They were also fined with Rs.1000/- each, in default each one of them have to undergo simple imprisonment of six months. All the three were also convicted under section 3 of the Dowry Prohibition Act with sentence of R.I for five years and fine of Rs.40,000/- collectively. This amount is payable to P.W.1. In default of payment of money the accused shall have to undergo simple imprisonment for one year. They were also convicted under section 4 of Dowry Prohibition Act and each of them were sentenced to undergo R.I for 2 years and have to pay a fine of Rs.1000/- each, in default simple imprisonment for six months. Under section 6 of the Dowry Prohibition Act also they were convicted with sentence of R.I of 2 years each and a fine of Rs.5,000/- each in default simple imprisonment for six months. The sentences of imprisonment were directed to run concurrently.

(2.) The allegations on the basis of which the charge sheet was filed were that the accused on 20th April,2000 at 8.00am poured kerosene over one Kesari Kalavathi and put her on fire. She died on the evening of 21st April,2000 at M.G.M. Hospital, Warangal. The deceased Kalavathi was wife of A1. A2 and A3 are parents of A1. P.W.1 is the father of the deceased. He stated that the deceased was married to A1 three years before. His eldest son-in-law Peddireddy had settled the marriage. He had agreed to pay cash dowry of Rs.80,000/- but paid Rs.40,000/- to A2 and A3. A1 had taken his wife to his house at Uppugal and lived with her for one month. After a month the witness took his daughter to his house at Sholapur. After two months thereafter he along with his daughter visited Kondur and paid Rs.2,000/- and clothes to A1 on the occasion of Deepavali. He sent his youngest daughter to her husband A1 to stay with him. A1 took her to his house for one month, but started beating her for non-payment of dowry of Rs.40,000/-. The witness told the accused No.1 that due to his financial incapacity he was unable to pay the balance of Rs.40,000/-. He took his daughter back to Kondur.

(3.) After one month again A1 took his wife back to his house. In the meantime A1 got ill and had to be operated for appendicitis. The witness paid Rs.4000/- to A1 for undergoing the operation. The operation was conducted by Dr. Ravinder Reddy. After the operation A1 returned to his house along with his wife. Again after one month the witness took his daughter back to his house. Thereafter the accused did not visit the witness's house to get back his wife for 7 or 8 months. After some time the witness took his daughter to Sholapur. When he returned to Kondur he came to know about some function in A1's house. He had visited A1's house. Ladies had also gone to A1's house. A1 made a demand to the witness's wife about the payment of balance of dowry. His wife told A1 that it would be settled by her husband. On the next day morning he was called by elders who talked to him about the unpaid dowry. He told the elders that he refuse to pay the amount to A1 because his daughter was being beaten and A1 was not doing any work and was wandering here and there. The witness however expressed his willingness to keep the amount in a Bank in his daughter's name. The elders told him that he should pay the dowry amount as A1 was in debt to the tune of Rs.10,000/-. The witness refused to pay the amount. A1 wanted him to pay the entire amount of Rs.40,000/- so that A1 could settle his debts and also open an Electric winding shop, but the elders advised A1 not to open Winding shop as there were many shops in the village. Elders finally advised him to pay Rs.10,000/- so that A1 clears his debts. They also advised A1 to accompany him to Sholapur. Thereafter A1 and the daughter of the witness visited the witness at Kondur. He paid cash of Rs.10,000/- to A1. A1 in turn paid cash of Rs.10,000/- to the eldest son-in-law of the witness so that he could pay it to the creditors of A1.