NAMBURI KARUNASREE Vs. STATE OF AP

JUDGEMENT

(1.) This appeal is preferred by A-l in S.C. No.85 of 2004 on the file of the III Additional Sessions Judge, Khammam. The appellant along with A-2 and A-3 was charged for the offences under Sections 302 and 302 read with Section 34 of IPC for allegedly killing her mother-in-law by administering poison at 9.00 a.m., on 5-8-2003 at their house. The accused denied the charges and claimed for trial.

(2.) The case of the prosecution leading to the conviction of the appellant is briefly as follows: A-l is the daughter of A-2 and A-3. A-l was married to PW-2. PW-1 is the father and the deceased was the mother of PW-2. At the time of marriage, A-2 and A-3 agreed to pay Rs. 1,20,000/- towards dowry, but paid only Rs.40,000/- and promised to pay the balance amount within two years, but they failed to do so, therefore, PW-2 and the deceased used to ask A-2 and A-3 to pay the balance amount and they stopped coming to the house of the deceased. A-l went to her parents' house for delivery and she gave birth to a daughter. Five months later, A-l was brought to the house of the deceased and due to that, A-l wanted to get rid of the deceased and attempted to kill the deceased with rat poison on a previous occasion. On the date of incident at about 9.00 a.m., A-l mixed pesticide poison granules in the tea and gave it to the deceased. On consuming the tea, while expressing that the tea is giving a different taste, the deceased fell down and died. When PW-2 asked A-l as to why the deceased died after consuming tea, A-l disclosed that she mixed pesticide poison into tea and due to that the deceased died. PW-1, the husband of the deceased, gave Ex.P-1 complaint to the police. The police registered a crime, took up investigation, observed the scene of offence, held inquest over the dead body of the deceased and sent the dead body for post-mortem examination. The Forensic Science Laboratory, after examining the viscera, came to a conclusion that the deceased died due to organophosphate insecticide poison. The police arrested the accused and sent them for remand and after conclusion of the investigation, they laid the charge-sheet.

(3.) The prosecution, in order to prove the guilt of the accused, examined PWs.l to 12 and marked Exs.P-1 to P-13 and M.Os.l to 3. On defence side, DW-1 was examined and Ex.D-1 was marked. After conclusion of the trial, the learned Sessions Judge found A-2 and A-3 not guilty and accordingly they were acquitted. A-l was found guilty of the offence under Section 302 of IPC and accordingly, she was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.500/- in default to suffer simple imprisonment for one month. Being aggrieved by the judgment of the lower Court, dated 22-6-2005, A-l preferred the present Appeal challenging its validity and legality.