NABI SHAREEF Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A-l in SC No.476/99 on the file of Metropolitan Sessions Judge, Hyderabad is the appellant. A-l and A-2 were prosecuted for offences under Sections 498-A and 302 IPC and by judgment dated 184-2002, A-l was found guilty of the offence under Section 302 IPC and was convicted and sentenced to suffer life imprisonment and A-l and A-2 were found not guilty of the offence under Section 498-A IPC. Aggrieved by the same, A-l had preferred the present Appeal.

(2.) The short episode of the prosecution is as hereunder :

(3.) Inspector of Police, Shamshergunj Police Station had laid charge-sheet in Crime No. 147/98 as against A-l and A-2 for offences under Sections 498-A and 302 I.P.C. A-l is the husband and A-2 is the mother-in-law of Parveen Begum, hereinafter referred to as deceased for the purpose of convenience. The marriage of the deceased was celebrated with A-l two years prior to her death and they begot a male child out of the said wedlock and she had happy marital life with A-l for about 5 months and thereafter A-l and A-2 started harassing her and they refused to give money for household expenses and also for day-to-day needs. PW-1, the father to deceased, requested the accused not to harass his daughter. Two months prior to the incident, A-l brought the deceased to her parents and left with them and 20 days thereafter the father of A-l died and thereafter PW-1 sent the deceased to her in- law's house to attend the death ceremony. A-l and A-2 harassed the deceased. A-l poured kerosene and set her on fire on 28-9-1998 at about 8 a.m. and thereby she sustained burn injuries and she was shifted to Osmania General Hospital for treatment and the dying declaration of the deceased was recorded by PW-10 on 28-9-1998 at about 3.40 p.m. PW-1 - the father, PW-2 - the mother, PW-3 - the sister, of the deceased, rushed to the hospital and it is stated that the deceased informed them that her husband poured kerosene and set her on fire. PW-1 made an oral report to the Station House Officer, Shamshergunj Police Station which was reduced to writing and a case was registered as Crime No. 147/ 98 under Sections 498-A and 307 I.P.C. PW-11, the Inspector of Police, Shamshergunj Police Station, the Investigating Officer, inspected the scene of offence and effected seizure of M.Os.l to 4. PW-4 is the son-in-law of PW-1. On 30-9-1998 the deceased ultimately had succumbed to burn injuries. In view of the same, PW-11 filed Ex.P-11 alteration and sent requisition to PW-7 - Mandal Revenue Officer, to conduct inquest on the dead body of the deceased. PW-7 conducted the inquest on the dead body of the deceased on 30-9-1998 at 11.30 a,m. After inquest, the dead body of the deceased was sent to post-mortem examination, conducted by PW-8. After completion of investigation, PW-11, the Inspector of Police, laid charge- sheet in the Court of XIV Metropolitan Magistrate, Hyderabad and the learned Magistrate took the charge-sheet on file as P.R.C.No.9/99 and inasmuch as the offence of Section 302 I.P.C. is exclusively triable by a Court of Session, the learned Magistrate committed the case to Metropolitan Sessions Division, Hyderabad by order dated 28-9-1999 and on committal the case was taken on file as S.C. No.476/99 and on appearance of the accused, the charges aforesaid were framed by the learned Metropolitan Sessions Judge, Hyderabad.