KONDA ASHOK Vs. STATE OF A.P.

JUDGEMENT

(1.) A-2 is the sister and A-3 is the mother of A-1. A-1 was married to one Nomi, daughter of PWs.5 & 6. It is said to be a love marriage. On 30-08-2009, Nomi suffered serious burn injuries and she was admitted in the Government Hospital at Sanga Reddy. On finding that the patient needs better treatment, she was shifted to Sai Durga Hospital at Ramchandrapuram. Later on, her condition was found to be serious. Therefore, she was shifted to Osmania General Hospital, Hyderabad. On 04.09.2009, the Station House Officer, P.S. Ramchandrapuram recorded the dying declaration of Nomi. She stated that the accused poured kerosene on her and she did not see as to who among them has set her on fire. She further stated that when she came out with the flames, her brother-in-law, PW.1, poured water upon her and doused the fire. Thereafter, she is said to have been shifted to various Hospitals. She alleged that the accused were harassing her in various forms. One hour thereafter, another dying declaration was recorded by the II-Additional Chief Metropolitan Magistrate, Nampally, PW.14. Almost similar version was presented therein. Shortly thereafter, the patient succumbed to burn injuries and died.

(2.) The father of the deceased, PW.5, submitted a complaint in P.S. Ramchandrapuram (Ex.P1), same as Ex.P12, stating that his daughter died and that he does not know the reason for the death. Crime No.390 of 2009 was registered by P.S.Ramchandrapuram. The accused were alleged to have committed the offences punishable under Sections 302, 304-B and 201 IPC. The formalities of preparing the scene of offence panchanama, inquest and post mortem were completed and investigation was taken up. The case was committed to the Court of II- Additional Sessions Judge (Fast Track Court) at Sanga Reddy and the Investigating Officer filed the charge sheet therein. The trial Court framed the relevant charges and taken up the trial. PWs.1 to 19 were examined and Exs.P1 to P19 were filed. A kerosene can was marked as M.O.1.

(3.) The learned trial Judge convicted the accused for the offence punishable under Section 302 IPC, but acquitted them of the charge under Sections 304-B and 201 IPC. Sentence of imprisonment for life and fine of Rs.2,000/-, in default to serve simple imprisonment for six months, was imposed on each of the accused. Hence, this appeal.