N RAMESH VENKATADRI Vs. STATE OF AP

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 15-12-1998 passed in S.C.No.9 of 1996 on the file of Ist Additional Sessions Judge, Ranga Reddy District, whereby and where under the learned Ist Additional District and Sessions Judge found accused- Noone Ramesh guilty for the offences under sections 498A and 306 IPC and convicted him accordingly and sentenced him to suffer RI for a period of two years and pay a fine of Rs.2,000/- in default to suffer SI for three months for the offence under section 498A IPC; and RI for a period of five years and fine of Rs.2,000/-, in default to suffer SI for three months for the offence under section 306 IPC.

(2.) The prosecution case, in brief, is : P.W.1-Smt.Tatipally Yasodamma is mother, P.W.2-Guparapu Sathyalaxmi is sister and P.W.3-Tatipally Prakash is brother of Leelavathi (hereinafter referred to as the deceased). The deceased was married to accused-Noone Ramesh on 3.4.1991. Two children viz., Raju and Rajesh were born to her out of the wedlock. The accused and brother of the deceased did borewell business for about an year and disputes arose between them in the said business and thereby both the families distanced. The accused was objecting the deceased from speaking to her brothers and mother. As and when the deceased spoke to her mother or brothers, accused resorted to beat her. It is further alleged that a day prior to the occurrence the accused went to Nagaram village for which the deceased raised objection and thereupon the accused beat: her. The conduct of the accused made her life miserable. She being mot able to bear the cruel treatment in the hands of the accused doused herself with kerosene and set fire on 25.5.95 at about 6 A.M. She was shifted to Osmania General Hospital, Hyderabad for treatment. P.W.10-B.Narasimulu, CI of Police, Saroornagar Police Station received intimation from Osmania General Hospital on 25.5.95 at about 6.45 hours about the admission of the deceased. He directed P.W.9-K.Rambhupal Rao, SI of Police, Saroornagar to proceed to Osmania General Hospital and record the statement of the deceased. Accordingly, P.W.9 rushed to Osmania General Hospital and recorded the statement of the deceased, which was exhibited as Ex.P.8. Basing on Ex.P.8 statement of the deceased, P.W.10 registered a case in Cr.No.238 of 1995 under section 498A IPC and issued Ex.P.9 FIR. He inspected the scene and seized a plastic mug and half burnt petty coat under the cover of Ex.P. 10 panchanama. P.W.8-C.Vijaya Sarathi Acharyulu, JFCM, Hyderabad (W & S), R.R. District received requisition from the Sub-Inspector of Police, Saroornagar Police Station to record the dying declaration of the deceased. Ex.P.6 is the requisition. Pursuant to Ex.P.6 requisition, he proceeded to Osmania General Hospital and recorded dying declaration of the deceased in the presence of a duty Doctor who certified the fit state of mind! of the deceased when her statement was being recorded. Ex.P.7 is the dying declaration. On the same day at about 8 P.M. the deceased was shifted to Kamineni Hospital, Hyderabad, for better treatment where she succumbed to her burn injuries while undergoing treatment on 29.9.95 at about 8.30 P.M. On receipt of death intimation P.W.10 filed Ex.P.11 memo of alteration of section of law. He sent requisition to the Mandal Revenue Officer to conduct inquest over the dead body of the deceased. P.W.7- N.Gyaneshwar Rao, Mandal Revenue Officer, Uppal, conducted inquest on the dead body of the deceased at Kamineni Hospital in the presence of P.W.6. Ex.P.5 is the inquest report. After the inquest the dead body was subjected to post mortem examination. P.W.11-DrJ. Surender Reddy, Assistant Professor of Forensic Medicine, Osmania Medical College, conducted post mortem examination on the dead body of the deceased on 31.5.95 and issued Ex.P. 12 post mortem certificate opining that the deceased died of burn injuries. After completing investigation, P.W.10 laid the charge sheet before the Additional JFCM, Hyderabad (E & N), R.R. District. The learned Magistrate took the charge sheet on file as P.R.C.No.96 of 1995 and committed the case to the Sessions Division, R.R. District as the offence under section 306 IPC is exclusively triable by a Court of Session. The learned Sessions Judge took the case on file as S.C.No.9 of 1996 and made over the same to the 1st Additional Sessions Judge, R.R. District for disposal according to law. The learned 1st Additional Sessions Judge, on hearing the prosecution and the accused, framed charges under sections 306 and 498A IPC, read over and explained the same to the accused, for which the accused pleaded not guilty and claimed to be tried. To bring home the guilt of the accused for the offences with which he stood charged, prosecution examined 1.1 witnesses and proved 12 documents. The defence of the accused is one of total denial of the case. The learned 1st Additional Sessions Judge, on appreciation of the evidence brought on record and on hearing the prosecution and the accused, found the accused guilty for the offences under sections 498A and 306 IPC and convicted him accordingly and sentenced him as stated supra, by judgment dated 15.12.1998. Hence, this Criminal Appeal by the accused.

(3.) Heard Sri.C.Padmanabha Reddy, learned senior counsel appearing for the appellant/accused and learned Additional Public Prosecutor appearing on behalf of the State.