ALI RAJAIAH Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner herein challenging the judgment dated 25.02.2008, passed by the I Additional Sessions Judge, Karimnagar, in Criminal Appeal No.109 of 2007, whereunder and whereby the conviction and sentence passed against the revision petitioner herein for the offence punishable under Section 306 of the Indian Penal Code, 1860 (for short, 'I.P.C') vide the judgment dated 01.03.2007 in Sessions Case No.875 of 2005 by the Assistant Sessions Judge, at Manthani, was confirmed.

(2.) THE revision petitioner herein is the accused, whereas respondent is the complainant in Sessions Case No.875 of 2005 before the trial Court. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the Sessions Case before the trial Court.

(3.) THE brief facts of the case are that one Aili Venkatamma (hereinafter referred to as 'the deceased') after being divorced by her husband, was living with her children in the house of the accused, who is her cousin i.e., her paternal uncle's son. Due to the financial problems, the deceased gave Rs.5,000/ - to the accused and thereafter, some petty quarrels arose between them. On 25.02.2004 at about 19:00 hours, the accused abused the deceased in filthy language and harassed her physically and mentally. Thus, due to the humiliation caused to her, deceased poured kerosene and set ablaze to herself. As the result of injuries, she died on 08.03.2004 while undergoing treatment after giving Dying Declaration to the learned Magistrate. Immediately, the mother of the deceased gave a complaint to the police, Manthani Police Station, who registered the same as a case in Cr.No.30 of 2004 for the offence punishable under Section 306 I.P.C. The Investigating Officer recorded the statements of the witnesses, conducted inquest over the dead body in the presence of mediators and thereafter, sent the dead body for post -mortem examination. After receiving the post -mortem report regarding the cause of death that it is due to extensive burning, after accused was arrested on 10.05.2004, and after completing the investigation, the Investigating Officer filed charge sheet into the Court.