S SHAKUNTHALA Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment, dated 6.3.2002 passed in S.C. No.343 of 2001 on the file of the Special Judge for the trial of offences under S.Cs and S.Ts (Prevention of Atrocities) Act- cum-VI Additional Metropolitan Sessions Judge, Secunderabad, by which the learned Special Judge convicted A-l-Smt S.Shakunthala for the offences punishable under Sections-498-A and 302 of Indian Penal Code and A-2 for the offences punishable under Sections-498-A read with 109 of Indian Penal Code and Section-302 of Indian Penal Code and sentenced each of them to suffer rigorous imprisonment for two years and to pay a fine of Rs.500.00, in default to suffer simple imprisonment for one month for the offences under Sections 498-A and 498-A read with 109 of Indian Penal Code and imprisonment for life and fine of Rs. 1,0007- in default to suffer simple imprisonment for two months for the offence under Section 302 of Indian Penal Code.

(2.) The appellant herein is A-l in S.C. No.343 of 2001. She along with another accused (A-2) was put on trial before the Special Judge for the trial of offences under S.Cs. and S.Ts. (Prevention of Atrocities) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad for the offences under Sections 302, 304-B and 498- A of Indian Penal Code.

(3.) The case of the prosecution in brief is : P.W-1 D. Shashikala and P.W-2-D. Narayana are parents and P.W-3-D. Sunil Kumar is brother of Smt. Anitha (hereinafter referred to as the deceased). The deceased was married to Suraj in the year 1998. At the time of marriage, the parents of the deceased gave Rs.50,000.00 as dowry and presented four thulas of gold and other house hold articles including almarah, dressing table etc. After marriage the deceased along with her husband stayed at Bolarum and she had a male child by name Rahul out of the wedlock. A-1- Smt.S.Shakunthala is mother-in-law and A-2-Smt.-C. Vijaya Lakshmi is neighbour of the deceased. In the year 1999 A-1 harassed the deceased on the ground of additional dowry. The parents of the deceased paid Rs.30,000/- to meet the dowry demands of A-l. A-l being not satisfied with the amount paid to her by the parents of the deceased continued to harass the deceased. Therefore, the parents of the deceased paid a further sum of Rs.10,000.00 in the first week of July, 2000. It is alleged that on 23.7.2000 P.W-1 went to the house of A-l in order to take her daughter i.e., deceased for Bonalu celebrations but A-l and A-2 quarelled with P.W-1 and refused to send the deceased along with her parents and demanded her to pay more amounts. It is further alleged that on the same day at 4 p.m., A-l and A-2 quarelled with the deceased, poured kerosene on her and set her on fire and thereby she engulfed in flames. When the deceased raised cries, some neighbours of the deceased put out the flames and removed her to Gandhi Hospital, Bolarum for treatment. PW-14- M.A.Majeed, Sub- Inspector of Police, Bolarum Police Station, received telephonic message from the Gandhi Hospital about the admission of the deceased in burns ward. He rushed to the Gandhi Hospital, recorded the statement of the deceased and obtained her left leg big toe impression thereon. Ex.P-20 is the statement of the deceased. Basing on Ex.P- 20-statement, he registered a case in Cr.No.57 of 2000 under Sections 498-A and 307 of Indian Penal Code and issued Ex.P-21-First Information Report. He sent Ex.P-15- requisition to IV Metropolitan Magistrate, Hyderabad for recording the dying declaration of the deceased. P.W-10- N.Ranoji, IV Metropolitan Magistrate, Hyderabad received requisition, reached the hospital by 8.20 p.m., put preliminary questions to the deceased and got himself satisfied with the fit state of mind of the deceased to give her declaration. He also ascertained the fit state of mind of the deceased from the duty doctor. He recorded the statement of the deceased wherein the deceased stated that A-l and A-2 poured kerosene and set her on fire, and thereby, she sustained injuries. Ex.P-16 is the dying declaration of the deceased recorded by him. P.W-14 arrested A-l and A-2 on 26.7.2000 and produced them before the Inspector, who took up the investigation. P.W-15- Inspector of Police, Bolarum Police Station, took up investigation, conducted scene of offence panchnama in the presence of P.W-11-B.N.Narsimloo and effected seizure of M.O-1-Match box, M.O-2- used match stick, M.O-3-brinjal colour saree pieces, M.O-4- chocolate colour flower design door curtain burnt pieces, M.O-5- one small blue colour plastic can, M.O-6- one iron tin and M.O-7- half burnt white jacket under the cover of Ex.P-17- panchnama. He got the scene of offence photographed by P.W-9. Exs.P-3 to P-14 are the photographs. He examined P.Ws.l to 7 and recorded their statements. He sent the accused for remand. The deceased succumbed to the injuries while undergoing treatment in the hospital on 24.7.2000 at 5.10 a.m. Consequently, section of law came to be altered adding Sections-304-B and 302 of Indian Penal Code. Inquest was held on the dead body of the deceased by P.W-11-Smt B. Shantha, Mandal Revenue Officer in the presence of P.W-8-Satish. The opinion arrived by the inquest came to be recorded in Column No.15 of the Inquest report. Ex.P-2 is the Inquest report. After the inquest, the dead body was sent for postmortem examination. P.W-13-Dr.P. Harikrishna, Assistant Professor on 24.7.2000 conducted autopsy over the dead body of the deceased from 6 p.m. to 6.45 p.m. He issued Ex.P-18-post-mortem certificate opining that the deceased died of shock due to burns. After completing the investigation, P.W-16-Assistant Commissioner of Police, Ramgopalpet Division, North Zone, Secunderabad laid charge-sheet in the Court of XI Metropolitan Magistrate, Secunderabad,