LAWS(APH)-2005-4-133

MELEKHA Vs. STATE OF A P

Decided On April 21, 2005
MALEKHA Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Both the accused in Sessions Case No.251 of 2002 before III Additional District and Sessions Judge, Ranga Reddy District, are the appellants. They have been convicted for the offence under Section 302 of I.P.C. and have been sentenced to imprisonment for life and have been fined Rs.500/- each. In default of payment of fine, they have to undergo simple imprisonment for six months.

(2.) The substance of the charge against the accused was that on 10.6.2001 at about 5.30 p.m., accused No.1 caught hold of her husband Sri Mohd. Pasha and accused No.2 poured kerosene on him and then accused No.1 set fire to him, as a result of which, he died on 13.6.2001. On the basis of these allegations, charge was framed. Both the accused pleaded not guilty and claimed to be tried. Prosecution examined 10 witnesses and exhibited 12 documents.

(3.) The prosecution story is that the marriage of deceased was solemnized with accused No.1 nine months prior to the occurrence. Accused No.1, after sometime, told the deceased that she was not interested in continuing her conjugal life with him and she intended to go for another marriage with some other person. Originally they were living in Saidabad, but accused No.1 forced the deceased to shift his family to Vanasthalipuram. Deceased shifted his residence to Dwarakamainagar. But accused No.1 continued to say that she was not interested in the marriage. While accused No.1 and deceased were living at the new place of residence, accused No.2 came to the house and picked up a quarrel with the deceased. She demanded a divorce from the deceased, of her daughter. On 10.6.2001 at about 5.30 p.m., accused No.1 caught the deceased, accused No.2 her mother poured kerosene on him and accused No.1 set him ablaze. The deceased sustained burn injuries and died on 13.6.2001.