THOGITI MURALI Vs. STATE OF A P

JUDGEMENT

(1.) Heard Sri Padmanabha Reddy, learned senior counsel representing the appellants (A-1 to A-4), and the learned Additional Public Prosecutor.

(2.) The appellants-accused preferred the present criminal appeal aggrieved by the judgment, dated 23-09-1998, made in S.C.No. 98 of 1995 on the file of the Assistant Sessions Judge, Suryapet.

(3.) The case of the prosecution is that A-2 and A-3 are the parents and A-4 is the brother of A-1, and the deceased-Jayaprada was the wife of A-1. P.Ws. 1 and 2 are the parents and P.W. 5 is the sister of the deceased. P.Ws. 3 and 4 are the co-brother and uncle of P.W. 1. It is stated that the marriage between A-1 and the deceased had taken place on 02-06-1993. At the time of marriage, P.W. 1 paid a sum Rs. 60,000/- to A-1, towards dowry, as agreed in the settlement, prior to the marriage, and after marriage, A-1 demanded the parents of the deceased to purchase a Hero Honda Motor Cycle and then, P.W. 1 paid Rs. 30,0007- to A-1 for purchasing the same. Thereafter, P.W. 1 also gave Television, Decollem cot and other articles. When P.Ws. 1 and 2 went to the house of the accused to bring the deceased for Deepavali festival, the accused demanded one tula of gold, and P.W. 1 stated that he would give cash of Rs, 5,000/-, instead of gold, as demanded by him, and sent the same through P.W. 3. But, the accused refused to receive it, insisting for gold. P.W. 5, who was pregnant, was admitted in the Nursing Home of Dr. Krishna Kumari in K.K.Road, and gave birth to a male child in the hospital on 2-4-1994. Then, P.W. 2 went to the house of the accused and brought the deceased along with her to the hospital after obtaining permission of the accused. On 02-04-1994. P.W. 5 was not discharged from the hospital, as she was advised to continue to be in the hospital on that day, and on the next day she was discharged. On the night of 02-04-1994, P.Ws. 1 and 2 and the deceased could not go to their place-Arvapally, since it became late in the night, and so, they went to the house of P.W. 3, stayed there for that night, and on the next day, all of them along with P.W. 5, who was discharged from the hospital, went to Arvapally. The deceased stayed in the house of her parents till 15-04-1994. During her stay, it is stated that the deceased informed her parents and also her sister P.W. 5 about the ill-treatment and harassment for additional dowry made by the accused. On 16-04-1994, A-3 the mother-in-law of the deceased came to the house of P'.W. 1, to take the deceased to her house. While leaving the house along with the deceased, she demanded the parents of the deceased for gold. On 17-4-1994, P.W. 1 received information that the deceased had been admitted in the Government Hospital, Suryapet, with burn injuries. P.W. 1 rushed to the hospital and reached there by 9 a.m. By then, P.W. 10 the then Judicial First Class Magistrate, Suryapet, had recorded the Dying Declaration of the deceased, on requisition from the Medical Officer of the Hospital. P.Ws. 3 and 4 also rushed to the hospital on coming to know about the admission of the deceased in the hospital. P.W. 1 went to police station and lodged a complaint. P.W. 12 received the same and registered a case in Cr.No. 72 of 1994. Further, P.W. 11 had taken up the investigation and recorded the statements of P.Ws. 1 to 3 and Arruri Laxmi (L.W. 4). He visited the scene of offene and prepared observation panchanama in the presence of P.W. 7 and also one S. Nageshwar Rao (L.W. 9) and seized M.O. 1 burnt door curtain pieces; M.O. 2 partly burnt blouse pieces; M.O. 3 partly burnt white silk saree pieces; M.O. 4 broken bangle pieces; M.O. 5 left leg rubber slipper of the deceased; M.O. 6 plastic can; M.O. 7 sun flower match box; M.O. 8 burnt hair from the scene under cover of panchanama, in the presence of the same panch witnesses. He held inquest over the dead body of the deceased in the presence of P.W. 6 and also one K. Yadagiri (L.W. 10), and sent the dead body for post-mortem examination. P.Ws. 9 and 14 conducted autopsy over the dead body of the deceased and opined that the death of the deceased was due to 100% burn injuries. P.W. 13 had taken up further investigation on 22-04-1994, and on 23-04-1994, he visited Arvapally and recorded the statements of P.Ws. 4 and 5. On 25-04-1994, at 5 p.m., he arrested A-1, A-2 and A-4 at their house and sent them to judicial remand. A-3 surrendered herself before the Sessions Court, Nalgonda; obtained anticipatory bail, and she was released. P.W. 1 3 filed the charge-sheet after collecting medical reports.