LAWS(APH)-2004-12-114

WAGMARE PRABHU Vs. STATE OF A P

Decided On December 28, 2004
WAGMARE PRABHU Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Case of the Prosecution is that marriage between the appellant/accused and the deceased took place three months before the death of deceased. The couple lived amicably for only one month. The mother of the accused died soon after the marriage of accused with the deceased. The accused cultivated a belief that the arrival of deceased in his home was a bad Women, which resulted in the death of his mother. Therefore the accused started harassing her. Finally on 19.6.1999, the accused set fire to her and later she died on 22.7.1999 while undergoing treatment in Government Hospital, Adilabad.

(2.) On the basis of these allegations, the accused was charged under Sections 498-A and 302 of IPC. The accused pleaded not guilty and claimed to be tried. Prosecution examined 18 witnesses and exhibited 16 documents. The Trial Court convicted the accused for the offence under Section 302 of IPC and sentenced him to undergo imprisonment for life. He was also fined with Rs.1,000/-, In default of payment of fine, he has to undergo simple imprisonment for a period of one year. However, he was acquitted of the charge under Section 498-A of IPC. Hence this appeal.

(3.) P.W. 1 is the brother of deceased, who gave report Ex.P-1 to the police on 20.6.1999. PW.2 is father of the deceased, PW3 is the mother of deceased, PW4 is the sister of deceased, PW6 is another brother of the deceased, PW5 is a neighbour, PW 7 is the Magistrate who recorded dying declaration in Ex.P7, PW8- is a panch witness to scene of offence, PW9 is an Executive Magistrate, who had also recorded a dying declaration in Ex.P9, PW10 is a much witness to inquest, PW 11 is the Medical Officer who conducted post-mortem, PW12 is the Tahsildar who conducted inquest, PW13 is Sub-Inspector of Police, PW14 is another doctor who gave certificate regarding injuries caused to the accused andPWs.15 to 18 are Investigating Officers.