BAIRAM MALLESHAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This statutory appeal under Section 374(2) of the Code of Criminal Procedure is directed against the judgment in Sessions Case No. 602 of 1998 on the file of the IV Additional District and Sessions Judge (Fast Track Court), Karimnagar dated 27-6-2001.

(2.) The trial Court through the judgment under appeal convicted the appellant-accused Nos. 2, 3 and 4 for the offences under Section 302 read with Section 34 of the Indian Penal Code; Sec. 307 read with Section 34, I.P.C. and Section 323 read with Section 34, I.P.C. and sentenced each of them to undergo imprisonment for life and to pay fine of Rs. 500/-, in default to undergo simple imprisonment for three months; rigorous imprisonment for two years and fine of Rs. 250/-, in default to undergo simple imprisonment for two months and rigorous imprisonment for three months each and to pay fine of Rs. 150/-, in default to undergo simple imprisonment for one month respectively.

(3.) The Inspector of Police, Peddapalle, laid a charge-sheet before the Court of the Judicial Magistrate of First Class, Sulthanabad against five accused including the appellant-accused Nos. 2, 3 and 4 alleging that the marriage of P.W. 2 with A. 1 took place about eighteen years back and they were blessed with a daughter that after P.W. 2 gave birth to a daughter, A.1 started harassing P.W. 2 to bring additional dowry and, therefore, a panchayat was held in which the elders directed P.W. 1 to give Rs. 15,000/- to A. 1. Thereafter P.W. 2 was sent to A. 1 and they lived together for about two years and were blessed with two sons. Again A. 1 demanded P.W. 2 to bring additional dowry. P.W. 1 expressed inability to pay any amount and thereafter A. 1 sent P.W. 2 to her parents' house and since then P.W. 2 was living with the deceased and P.W. 1. Subsequently A. 1 married another woman. P.W. 2 also filed a suit against A. 1 claiming half share in the property of A. 1. While the matters stood thus, on 31-8-1997 at about 3 p.m. A. 1 sent a message to P.W. 2 through Rayanarasu directing P.W. 2 to come to his field so that he would give share in the green gram crop and accordingly she went there and she was separating the green gram in the field of A. 1. At about 4 p.m. all the accused came to the field of A. 1 and beat P.W. 2 with sticks one after another. P.W. 1 and the deceased, who were working in their fields located at a distance of 500 yards from the field of A.1, rushed there. Then A. 5 instigated A.1 to A.4 to beat the deceased. Thereupon A.2 to A.4 beat the deceased. A. 1 also pressed on the stomach of the deceased. When P.W. 1 intervened, she was also beaten by A.2. Thereafter P.Ws. 1 and 2 went to the Police Station, Velgatoor. P.W. 18 recorded the statement from P.W. 1 and registered a case and he also referred P.Ws. 1 and 2 to the Government hospital for examination. On the next day morning, he examined the scene of offence and examined the witnesses. He held inquest on the dead body of the deceased at about 9 a.m. and seized certain incriminating material. He observed the scene of occurrence. Thereafter the dead body was sent to the post-mortem examination. P.W. 13 conducted autopsy and opined that the deceased died due to head injury (fracture of skull and intra-cranial haemorrhage). P.W. 19 the Inspector of Police took up further investigation, arrested the accused 2 to 4 and recovered three sticks in pursuance of their confessional statements and sent the material objects to the Forensic Science Laboratory, Hyderabad and after completion of investigation P.W. 19 laid the charge-sheet.