PAIDIMARRI SHANKER Vs. STATE OF A P

JUDGEMENT

(1.) This statutory appeal under Section 374 of the Code of Criminal Procedure, 1973 is directed against the judgment in Sessions Case No. 317 of 1996 on the file of the IV Additional District and Sessions Judge (Fast Track Court), Karimnagar dated 10-8-2001.

(2.) The learned Sessions Judge through the judgment under appeal convicted the accused 1 and 7 for the offence under Section 498-A IPC and sentenced each of them to undergo three years rigorous imprisonment and further sentenced A-l to pay a fine of Rs. 5,000.00 in default to undergo simple imprisonment for one year and also sentenced A-7 to pay a fine of Rs. 1,000.00 in default to undergo simple imprisonment for three months. He convicted A-2 under Section 304-B IPC and sentenced her to undergo rigorous imprisonment for seven years and he also convicted A-4, A-5, and A-6 under Section 304-B of I.P.C. and sentenced each of them to suffer imprisonment for life.

(3.) The brief facts that are necessary for the disposal of the present appeal may be delineated as follows: The deceased Vijaya was married to A-l. At the time of marriage, an amount of Rs. 5,000.00 was given towards dowry. For about one year they both lived happily and thereafter all the accused started demanding her to get money and when the deceased came to the house of P.W. 2, for Dasara festival she gave Rs. 200.00 and sent her to her in-laws' house. After the deceased went to her in-laws' house P.W. 2 came to know that her daughter was suffering with fever and she along with two persons sent by the accused went to the Government hospital. Metpalle and found her daughter admitted as an inpatient with burns. The deceased remained in the hospital for ten days. The duty Doctor advised them to take the deceased to the Government hospital at Jagtial. They engaged a jeep to go to Jagtial and by the time they reached their village the deceased regained consciousness. Then P.W. 2 asked her as to how she sustained burns for which the deceased stated that all the accused poured kerosene on her body and her mother-in-law set fire to her with lighted match stick. On 3-12-1994 P.W. 1 went to the police station and lodged Ex.P-7 report. P.W. 14 registered a case. P.W. 14 gave requisition to P.W. 16 to record the statement of Vijaya. Accordingly, P.W. 16 recorded the statement of the deceased on 3-12-1994 at about 12-45 p.m. On 11-2-1995 P.W. 9 received intimation of the death of the deceased. Then he altered the section of law to 302 and 304-B I.P.C., examined the witnesses and also conducted inquest. After inquest the dead body was sent to postmortem examination. As per Ex.P-12 postmortem certificate the cause of the death of the deceased was due to burns and septicaemic shock. After investigation is completed P.W. 15 filed the charge-sheet.