GOLLA HANUMANTHU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal appeal is filed by the appellant-accused aggrieved by the judgment of the Principal Assistant Sessions Judge, Rangareddy District, Saroornagar, Hyderabad in Sessions Case No.182 of 1995, dated 24.4.1997.

(2.) The Inspector of Police, Neredmet laid charge-sheet against the appellant-accused in Crime No.42 of 1994 for the offences punishable under Sections 498-A and 306 of the Indian Penal Code.

(3.) The story of the prosecution in nutshell is as hereunder: The deceased Padma, a native of Bajjipuram, Timmajipet Mandal, Mahaboobnagar District was married to the accused five years back and was residing with him. But however, inasmuch as they had no issues at all, the appellant-accused started harassing her for not conceiving the children and also had been threatening that he would marry another woman for getting children, which made the deceased to take the same seriously. Prior to incident, the deceased and her husband came to Hyderabad from Thimmajipet Mandal of Mahaboobnagar District to see her brothers and staying in the house of her brother M. Narsinga Rao and on 28.4.1994 at about 10.30 a.m., one Battina Rajini-the defacto complainant heard a woman crying from the neighbouring house and she came out from her house and saw one Shivarani making hue and cry. The house was bolted from inside and smoke was emanating therefrom. Immediately neighbours Babu Prasad and others gathered and Babu Prasad forcibly opened the door, and inside a woman was found set self ablaze, and was almost burnt and a kerosene tin and match box were found nearby and the said woman was identified as Padma-the deceased and the wife of appellant-accused herein, and on the complaint lodged by Rajini, Crime No.42 of 1994 was registered and investigation was taken up. The Sub-Inspector had given a requisition to the Magistrate for recording dying declaration and the same was recorded by the Magistrate on the same day and the deceased was examined by the Investigating Officer and while undergoing treatment, she succumbed to bums on 29.4.1994 evening and thereafter, the provision of law was altered to Section 498-A and Section 306 of Indian Penal Code. It is the further case of the prosecution that due to the harassment by the appellant-accused that she had not given birth to children, and as the accused expressed his intention to marry another woman for the sake of children, ultimately the same had resulted in the incident and the appellant-accused was arrested on 9.5.1994 and charge-sheet was filed.