P SRINIVASULU Vs. STATE OF A P

JUDGEMENT

(1.) The accused has preferred this appeal against the Judgment, dated 23-02-1998, passed by the Additional Sessions Judge, Mahabubnagar, whereby the learned Additional Sessions Judge has convicted and sentenced the accused to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.1,000/-, in default, to suffer rigorous imprisonment for a further period of one year, for the offence punishable under Section 306 IPC.

(2.) The factual matrix that is required for consideration can be briefly stated as follows: The deceased Rama Devi is the wife of the accused. At the time of their marriage, cash of Rs.6,000/- and gold ornaments worth Rs.8,000/- were given to the accused as dowry. After the marriage, the deceased and the accused lived peacefully for about 3 1/2 years at their village and later on shifted to Achampet. The accused was running a sweet stall under the name and style 'Devi Sweet House' at Achampet and leading their life. The accused, ever since shifted to Achampet, started harassing, ill-treating and subjecting the deceased to cruelty, to extract more dowry from her parents and also alleging that they had no issues making her responsible. The deceased informed the said harassment to her parents and brothers, whenever she visited Hyderabad. As they had no issues the deceased was shown at a Nursing home at Hyderabad. While she was under medical check-up and treatment, on 27-03-1992, without paying heed to the request of the parents to keep their daughter with them! for Telugu New Year festival, the accused took her forcibly to Achampet. Due to continuous harassment and ill-treatment by the accused, the deceased was disgusted with her life, and on 3-4-1992 during the evening time doused herself with kerosene and set fire to her at her house in Achampet, to commit suicide. The accused who was present at the house extinguished the fire and shifted her to Osmania General Hospital, Hyderabad, for treatment. The Sub-Inspector of Police, Afjalgunj, requested the XIII Metropolitan Magistrate, Secunderabad, and got recorded the Dying Declaration of the deceased. While undergoing treatment the deceased succumbed to the burn injuries on the intervening night of 3 / 4-4-1992 at about 2.50 a.m. On the strength of intimation from the hospital, the Sub-Inspector of Police, Afzalgunj, registered a case and conducted inquest, and thereafter sent the dead body for post mortem examination. Subsequently, the case file was transferred on the point ! of jurisdiction to Achampet Police Station, which re-registeri! ng the F.I.R. under Section 306 IPC. The Medical Officer has given his report opining that the deceased died of burns. Then, Section of Law was altered to Section 304-B IPC. Treating it as dowry death, the accused was charge sheeted.

(3.) A charge under Section 304-B IPC was framed by the Additional Sessions Judge. The accused pleaded not guilty. The prosecution in all examined twelve witnesses. Exs.P.1 to P.4 are the 161Cr.P.C. statements of PWs.1 to 4 respectively. Ex.P.5 is the scene of offence panchanama, Ex.P.6 is the post mortem report, Ex.P.7 is the inquest panchanama, Ex.P.8 is the F.I.R. received by post from Afzalgunj P.S., Ex.P.9 is the F.I.R. in Cr.No.26 of 1992 of P.S.Achampet, Ex.P.10 is the rough sketch, Ex.P.11 is the Dying Declaration, Ex.P.12 is the requisition by police for dying declaration, Ex.P.13 is the death intimation and Ex.P.14 is the F.I.R.No.138 of 1992 of P.S.Afzalgunj.