MOITHE SEETHARAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is yet another case of husband burning his wife. The appellant herein and his sister, arraigned as accused Nos.1 and 2, respectively, in Sessions Case No.285 of 2008 on the file of the learned District and Sessions Judge, Adilabad, were charged for the offences under Sections-302 and 498-A of the Indian Penal Code (for short ‘IPC’).

(2.) The case of the prosecution, in brief, is that the appellant, who is a coolie, is the husband of the victim and a resident of Ramnagar, H/o Jatharla Village; that accused No.2, who is also a coolie, is the sister of the appellant and also a resident of the same Village as the appellant is. The marriage of the appellant and the victim was solemnized in the year 2003; that after living happily for one month after marriage, disturbances cropped up in their marital life; that the appellant became addicted to alcohol and started harassing the victim physically and mentally on the ground that she could not beget children; that on 23.12.2007, at about 7.00 pm., the appellant picked up a quarrel with the victim in a drunken state, poured kerosene oil on her body and set her on fire, on the instigation of accused No.2; and that on the victim raising hues and cries, P.W-4-one of her neighbours rescued her from flames. Later, the appellant and accused No.2 shifted the victim to the Government Head Quarters Hospital, Adilabad, for treatment and informed the matter to P.Ws-1 and 2 through telephone.

(3.) That the victim gave a statement in Marathi language, which was translated by L.W-10-Pendur Krishna and recorded by P.W-16- Sub-Inspector of Police, Bazarhathnoor, in Telugu; that the same was read over to the victim and that after admitting the contents to be correct, she has put her thumb impression on it (marked as Ex.P-13). P.W-16 sent Ex.P-13 to the Station House Officer, Police Station, Bazarhathnoor, through a Police Constable with an endorsement to register a case and that basing on the same, P.W-15 registered a case in Crime No.60 of 2007 under Section-307 read with 34 Penal Code and sent the file to P.W-16, who was at Camp at Government Head Quarters Hospital, Adilabad, for further investigation through P.C-93 of Police Station, Bazarhathnoor.