BATHALA SUBBARAYUDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellants herein who were accused 1 to 3 before the Second Additional Sessions Judge, Cuddapah, were tried for the offences under S. 498-A, and also under Ss. 302 read with S. 34 or in the alternative for the offence under S. 304-B read with S. 34 of the Indian Penal Code.

(2.) The State filed Criminal Appeal No. 300 of 1992 questioning the judgment of the Court below in Sessions Case No. 213 of 1990, whereby Accused 2 and 3 were acquitted of the offences and Accused No. 1 was found guilty and convicted for the offence under S. 498-A of the Indian Penal Code and was sentenced thereunder to suffer rigorous imprisonment for two years. Criminal Appeal No. 1315 of 1991 was preferred by Accused No. 1 against his conviction for the offence under S. 498-A of the Indian Penal Code and sentence thereunder to suffer rigorous imprisonment for two years.

(3.) Briefly stated, the prosecution case is that the deceased Peddakka was married to Babu, the third son of Accused 1 and 2. Accused No. 3 is the daughter-in-law of Accused 1 and 2. Their marriage was arranged abruptly as the deceased eloped with Babu by then. The parents of the deceased did not give jewels or new clothes to the bride as they were poor. For the marriage, gold ear studs were lent to the bride by one Bala Veera Reddy and about six months later he took back the ear studs. As the deceased was sent to the place of the accused without ear studs, she was ill-treated, beaten and driven away back to her parents place. Thereafter a panchayat was held in the village, and at the intervention of the village elders she was sent back to the house of the accused on the promise to give her gold ear studs and clothes for the next Ugadi. On the very next day of her arrival i.e., on 6-3-1990 at about 10 a.m., when the husband of the deceased was away on work, the accused ill-treated her, and Accused 2 and 3 abused her and beat her and Accused No. 1 poured kerosene over her body and set fire to her clothes. Peddakka sustained extensive burns all over the body. Coming to know of the incident, the parents of the deceased went there and shifted the injured Peddakka to the Head Quarters Hospitals, Cuddapah. She succumbed to the injuries and died on 7-3-1990 at 7.45 a.m.