GOLLA MALYADRI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal has been filed by A-1 against the judgment dated 21st September, 1992 in S.C.No. 75 of 1990 passed by the Sessions Judge, Nellore, convicting and sentencing him to undergo three years rigorous imprisonment and to pay 'a fine of Rs. 500/- each for the offences punishable under Sections 498-A and 306 of Indian Penal Code.

(2.) The prosecution case in brief is that Krishna Kumari, the deceased in this case, is a daughter of P.Ws. 1 and 2. They were residents of Ongole. A-1 is the son of A-2. A-1, an employeeof Andhra Bank, was residing at Atmakur. A-2 was a resident of Kavali. On 24-11-1988 A-1 married the deceased. On 30-11-1988 P.W.8, brother of the deceased, working as excise constable, married the sister of A-1. Neither of the parties paid dowry to the other side in the marriages. A-1 and the deceased led happy married life for about two months. Thereafter, on the instigation of A-2, A-1 was demanding dowry from P.W.I. A-1 and A-2 harassed the deceased to get dowry from P.W.1. The deceased also wrote letters to P.W.I to pay the amount demanded by A-1 and A-2, but P.W.I expressed his inability to comply with their demand. Since a few months prior to 17-6-1989, the deceased and A-1 lived at Atmakur and A-1 continued to harass and ill-treat her at the instance of A-2. On the midnight of 17-6-1989, the deceased wrote suicide note on being forced by A-1. Thereafter, A-1 poured kerosene on the deceased and set her on fire. Neighbours gathered and put out the flames. The deceased was taken to a private medical practitioner in the vicinity. She was then shifted to the Government Head Quarters Hospital, Nellore, on his advice. She succumbed to injuries in the hospital on 18-6-1989 at about 4.45 a.m. Neighbours and the police were informed by A-1 that the deceased committed suicide. A case in Crime No. 74 of 1989 was registered under Section 174, Criminal procedure Code in the beginning, and during the investigation, it was altered to Sections 498-A and 304-B of Indian Penal Code against A-1 and A-2.

(3.) After investigation and enquiry, A-1 and A-2 were tried for the offences under Section 4 of Dowry Prohibition Act; under Sections 498-A, 306 and 304-B of Indian Penal Code and A-1 was further tried for the offence punishable under Section 201 of I.P.C. The plea of accused was one of denial. The defence of the accused, as seen from the suggestions made to the witnesses, was that the deceased abused A-1 as bastard in a petty quarrel with him and later repented of it and committed suicide. The trial court after considering the evidence acquitted A-2 of all the charges, convicted A-1 for the offences detailed above and acquitted him of all the other charges. A-1 - appellant has challenged his convictions and sentences passed against him.