YAZALI VENKATARATNAM Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 12-12-1990 of the learned III Addl. Sessions Judge, Guntur in S.C. No. 293 of 1990 convicting the sole accused for an offence punishable under S. 302, I.P.C. and sentencing her to suffer imprisonment for life.

(2.) The case of the prosecution, in brief, is as follows :- The deceased was the daughter-in-law of the accused. She was married to the son of the accused one year prior to the date of occurrence. After her marriage, the deceased used to come to her parents often without the knowledge of her husband and her parents-in-law. This attitude and behaviour of the deceased was resented by her husband and parents-in-law. The parents of the deceased were also advising the deceased no to come to their house often without the knowledge of her parents-in-law. As the things stood thus, on 25-5-1989, the deceased left her house without informing her husband and parents-in-law and came to Valasamalapalle, the village of her parents. On that, some elders from Kothapalem, where the deceased was living along with her husband and parents-in-law, came to Valasamalapalle and all of them, including the parents of the deceased, took the deceased to Kothapalem and left her in the house of her parents-in-law. This behaviour of the deceased enraged the feelings of the accused, who was already annoyed over the conduct of the deceased and he was waiting for an opportunity to do away with the deceased.

(3.) On 26-8-1989 at about 7.30 p.m., the deceased was all alone in the house attending to some house-hold work near the kitchen. Her husband went to attend the calls of nature and the neighbours were away witnessing television programme. The accused took this opportunity and while abusing the deceased, threw gruel on the person of the deceased. Thereafter, the accused poured kerosene on the body of the deceased and set fire. Unable to bear the flames, the deceased ran into the street, raising screams. Thereupon, the neighbours gathered and put off the flames, took the deceased to a private hospital and on the advice of the compounder there, the deceased was taken to the Government Hospital, Ponnur. On the intimation from the Medical Officer, Government Hospital, Ponnur, the Munsif Magistrate, Ponnur proceeded to the hospital and recorded the dying declaration of the deceased. On the intimation from the Medical Officer, Ponnur and after obtaining the copy of the dying declaration, a case under S. 307, I.P.C. of Ponnur Rural Police Station was registered on 26-8-1989. As the condition of the deceased became serious, she was shifted to the General Hospital, Guntur, where she succumbed to injuries on 27-8-1989 at 1.30 a.m. On receipt of the death intimation from the Government General Hospital, Guntur, a case in Cr. No. 853/89 under S. 174, Cr.P.C. of Kothapet L.& O. Police Station was registered and the same was transferred to Ponnur Rural Police Station on the jurisdiction. On receipt of the copy of the said F.I.R. the case which was already registered in the Ponnur Rural Police Station was altered to one under S. 302, I.P.C.