JANAPATI KRISHNA Vs. STATE OF A P

JUDGEMENT

(1.) Janapathi Krishna-appellant being aggrieved by the Judgment dt. 05-10-1998 in Sessions Case No. 162 of 1995 on the file of I Additional Sessions Judge, Cuddapah, had preferred the present Criminal Appeal.

(2.) The appellant-accused No. 1 was charged with the offences punishable under Sections 376 and 306 IPC and accused No. 2 the mother of accused No. 1 was discharged. The case of the prosecution is that the accused is a resident of Kotha Khaderabad village. One C. Jayamma aged about 14 years was a daughter of Rangaswamy and the said Jayamma would be hereinafter referred to as 'the deceased' for the purpose of convenience. One Venkata Rengappa is the elder brother of Rangaswamy. Chinna Rangappa is the grand father of the deceased. The mother of the accused is the elder sister of Rangaswamy and Venkata Rangappa. The further case of the prosecution is that on 25-08-1994 in the afternoon hours, the deceased along with her senior paternal uncle Venkata Rangappa and uncle G. Narayana Swamy went to Sivalayam of Potladurthi to attend the marriage of one Gopal of that village. The accused also attended to the said marriage. On the same day, after taking night meals, the deceased was washing her hands at the tap in the said temple. Noticing the same, the appellant-accused went there and began conversation with her and told that he will marry her and so saying he closed her mouth, forcibly took her to the nearby bushes and had sexual intercourse with her against her will and without her consent and also promised fo marry her and asked not to reveal the incident to anybody. The deceased returned to the temple weeping and informed the same to Rangaswamy-her father. Then Rengaswamy and his wife went to the house of the accused and requested them to celebrate marriage of the deceased with A-1. But tho mother of the accused knowing that the life of the deceased, who is a minor girl at that time would be miserable if the marriage is not celebrated with the accused, refused for the marriage. They returned to the house and informed the same to the deceased. On 02-09-1994 at about 2.00 p.m, having learnt that the accused refused to marry her, the deceased poured kerosene over her body in her house and set fire to her clothes and received burn injuries and raised cries. Her parents and senior paternal uncle put off the flames and took her to the Government Hospital, Proddatur. Her dying declaration was recorded by the Magistrate in the hospital and she died on the next day. The police registered a case and had conducted investigation. The Medical Officer, who conducted post-mortem examination over the dead body of the deceased, opined that she would appear to have died of shock due to burns.

(3.) Insupport of the case of the prosecution, P.Ws. 1 to 9 were examined and Exs. P-1 to P-12 were marked and D.W-1 also was examined.