SHAIK SHAFI AHMED Vs. STATE OF A.P.

JUDGEMENT

(1.) A1 to A4 were tried by the Court of the V Additional Metropolitan Sessions Judge, Mahila Court, Hyderabad in S.C.No.38 of 2009 for causing the death of Afsari Begum, wife of A1. After conducting full-fledged trial, the learned Trial Judge acquitted A2 to A4 through its judgment, dated 21.10.2009. A1 was convicted for the offence punishable under Section 302 I.P.C., and was imposed the punishment of imprisonment for life. Fine of Rs.500/-, in default, to undergo simple imprisonment for one month, was also imposed. A1 was acquitted of the charges referable to Section 498-A I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act. This appeal is filed by A1, feeling aggrieved by the conviction and sentence, handed out to him.

(2.) The case presented by the prosecution was that the deceased, who is the second daughter of P.W.1, was married to A1 on 24.11.2002 and two children were born out of the wedlock. It was alleged that the accused was harassing the deceased in various forms, particularly in the context of transfer of a plot of 200 square yards in his name. A1 is also said to have got issued a notice to the father of the deceased narrating the strained relations between him and the deceased and when P.W.1 and her husband went to the Office of the Advocate, who issued notice, A1 and the deceased came there and stated that the problems have since been resolved.

(3.) P.W.1, the mother of the deceased, is said to have received the intimation in the night of 20.10.2008 to the effect that her daughter was admitted in Owasi Hospital with serious burn injuries and she went there and saw A1, and in spite of her questioning, A1 remained silent about the reason for the injuries. After the deceased was shifted to another ward, P.W.1 is said to have interacted with her and that the deceased told her that all the accused poured kerosene upon her, and set her on fire.