SHAIK HABEEB BASHA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment in S.C.No.540 of 1998 dated 16-03-2000 on the file of Additional Sessions Judge, Hindupur, wherein accused No.1 was convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/-, in default, to undergo rigorous imprisonment for a period of one month under Section 498(A) I.P.C. and further sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for a period of two months for the offence under Section 306 I.P.C.

(2.) The brief facts that are necessary for disposal of the present appeal may be stated as follows:- The appellant herein who is arrayed as accused No.1 is no other than the husband of the deceased Shaik Reshma(herein after referred to as 'deceased'), accused No.2 is mother of accused No.1 and accused No.3 is brother of accused No.1. The marriage of the deceased with the appellant took place eight months prior to her death at Kodipalli as per the custom in their community. The parents of the deceased gave cash of Rs.25,000/- to the appellant herein at the time of marriage besides presenting 50 grams of gold ornaments to the deceased. After the marriage, the deceased joined her husband/appellant and started residing at Rallapalli in Madakasira taluq. On 11-11-1997 at about 3-00 P.M. the deceased sustained burn injuries. She was admitted in Government Hospital, Madakasira at about 4-45 P.M. P.W.13 who is the Medical Officer sent Ex.P-15 intimation to the police. On receipt of Ex.P-15 intimation P.W.12 went to the hospital and recorded Ex.P-16 statement from the deceased, on the point of jurisdiction P.W.12 sent the statement and also the medical intimation to P.W.15 who registered a case under Section 498(A) I.P.C. As the condition of the deceased was critical she was shifted to Government Hospital, Hindupur, but she succumbed to the injuries. On receipt of death intimation, P.W.15 altered the Section of Law to one under Section 304-B and 306 I.P.C. He informed about the alteration of Section to the Inspector of Police, P.W.20. P.W.20 took up investigation and proceeded to the Government Hospital, Hindupur, and examined the witnesses. On the requisition given by him, P.W.11 conducted inquest over the dead body of the deceased on 13-11-1997. After inquest the dead body was subjected to postmortem examination by P.W.10 who found 90% of the burns are all over the body of the deceased.

(3.) The Inspector of Police proceeded to Rallapalli village on 13-11-1997 and observed the scene of occurrence and seized certain incriminating material under cover of Ex.P-12 Mahazar and on 14-11-1997 at 11-20 A.M. he arrested accused Nos.1 and 2 and sent them to Court for judicial custody. After completion of the investigation, he filed charge sheet. A charge under Section 498(A) I.P.C. was framed against accused No.1 and charges under Section 304-B and 306 of I.P.C. were framed against accused Nos.1 to 3. They pleaded not guilty for the charges levelled against them. To substantiate the case of the prosecution PWs.1 to 20 were examined and Exs.P-1 to P-27 were marked.