P BIKSHAPATHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The quarrel between a drunkard husband and his wife resulted in the death of the wife consequent upon which the husband was charged with the offences under Sections 306 and 498-A I.P.C. and was convicted and sentenced to Rigorous Imprisonment for seven years and three years respectively, to run concurrently. The learned Judge for trial of offences under S.Cs. & S.Ts. (Prevention of Atrocities) act 1989-cum-VI Additional Metropolitan Sessions Judge, Secunderabad in S.C.No.475/2002, recorded the evidence of PW-1 to PW-12, marked Exs.P-1 to P-12 and M.Os.1 and 2 and made the Judgment aforesaid dated 28-1-2003. Hence the present Criminal Appeal. Submissions of Ms. Hemalatha Devi, Counsel by Legal Aid: Ms. Hemalatha, learned Counsel submitted that the evidence on record would show that the appellant is a habitual drunkard often picking up quarrels and beating the deceased and the appellant and the deceased were married for about more than 20 years and begot four children and the deceased was bearing the beatings by the appellant/accused and was also putting up with the quarrels since the last 20 years and hence the learned Judge should have considered whether the routine beating and picking up quarrels by a drunkard husband and his taunting words in the circumstances may be considered as abetting the deceased wife to commit suicide. The learned Counsel also would contend that the learned Judge should have considered whether in the circumstances it was reasonable for the deceased to take the words of the appellant/accused so seriously and set fire to herself. The learned Counsel also while elaborating her submissions would contend that the behaviour of a drunkard husband in the manner explained by the prosecution may not amount to cruelty. At any rate, in the light of the fact that he is a habitual drunkard, definitely it cannot be said that the appellant/accused was guilty of an offence under Section 306 I.P.C. though at the best it may fall under Section 498-A I.P.C. Submissions of Additional Public Prosecutor: The learned Additional Public Prosecutor on the contrary would contend that the dying declaration by the Magistrate is clear and categorical and the learned Judge recorded reasons in detail and the medical evidence also would go to show that the deceased received 90% burn injuries but however PW-8, the Duty doctor, certified that the deceased at the relevant point of time was in a fit condition to make the statement and hence such statement may have to be given due weight and hence the findings recorded by the learned Judge need not be disturbed.

(2.) Bikshapathy/appellant/accused, the husband of Uppalamma, the deceased, was charged with the offences under Sections 306 and 498-A I.P.C. On 14-4-2002 at 3.15 p.m. a telephonic message was received from Gandhi Hospital that the deceased was admitted in burns ward and S.I. of Police, Tukaramgate went to the hospital and recorded her statement. It is also the version of the prosecution that the deceased had stated that she married the accused about 20 years ago and were blessed with four children and the accused was a rickshaw puller by profession and the deceased was working as servant-maid and the accused was habituated to drinking and never was bothered about the family affairs and he daily used to visit her fully in a drunken condition and used to pick up quarrels with her and used to beat her and on 14-4-2002 at 3.15 p.m. the accused was present in the house and picked up quarrel with the deceased, consumed two quarters of liquor and asked the deceased to consume liquor and she refused to consume the same and the accused asked their children to go out and bolted the door from inside and the accused after consuming liquor asked the deceased to cooperate with him for sexual enjoyment and when she refused saying that she was in menstrual periods, the accused got annoyed and poured kerosene on her and she herself lit the fire. Basing on the said statement a case in Cr.No.42/2002 was registered under the head Woman Burnt and the S.I. of Police sent the requisition to VII Metropolitan Magistrate to record the statement of the victim and he visited the spot and conducted observation panchanama in the presence of mediators and seized material objects and examined witnesses. On receipt of death information of the injured on 15-4-2002 the Section of law was altered from the head Woman Burnt of Section 498-A and 306 I.P.C. and the S.I. of police further examined the witnesses, relatives of the deceased, and conducted inquest over the dead body of the deceased in the presence of Panchayatdars and sent the dead body for post mortem examination and the Doctor opined that the cause of death was shock due to burns and he arrested the accused and remanded to judicial custody and after completing the investigation the charge sheet was filed.

(3.) The X Metropolitan Magistrate, Secunderabad had taken up the case on file under Sections 498-A and 306 I.P.C. and P.R.C.41/2002 was committed to the Court of Metropolitan Sessions Judge, Hyderabad who had made over the same to the Court of Special Judge for trial of offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989-cum-VI Additional Metropolitan Sessions Judge, Secunderabad. After appearance of the accused the learned Judge framed charges under Sections 498-A and 306 I.P.C., read over the same and explained to the accused who pleaded not guilty and hence the learned Judge examined PW-1 to PW-12 and marked Exs.P-1 to P-12 and M.Os.1 and 2. Evidence available on record: PW-1, the eldest son of the deceased deposed that the deceased is his mother and the accused is his father and he is having one sister and two younger brothers. He deposed that his father was a rickshaw puller and his mother was a maid servant. His father was always creating galata in their house in drunken condition. On 14-4-2002, there was a quarrel between his father and mother and on that day he went to Kushaiguda for some work and at that time his sister went to his aunts house at Janagam and his two brothers were in the house. He further deposed that when he was at Kushaiguda, he received information that his mother received burns in the house and was admitted in the hospital and immediately he rushed to the Gandhi Hospital and found his mother in the hospital and at that time his father was not near his mother and on his enquiry his mother informed that his father picked up quarrel and poured kerosene on her and insisted her to lit herself and in the night of the same day the deceased expired. PW-1 also further deposed that on his enquiry his brothers informed him that his father poured kerosene and lit fire and at that time they were playing outside and on seeking a mob gathered near their house they rushed to the house and saw the incident from the door.