KAVALI CHANDRAIAH Vs. THE STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is yet another heart -rending story of a hapless woman, who met her end at the prime of her life, allegedly, at the hands of the appellant, who is no other than her own husband.

(2.) The case of the prosecution in brief is that on 19 -07 -2008 at 18.00 hours, PW.10 - Sub -Inspector of Police, Parigi, has recorded the statement of Smt.Kavali Lakshmi (the deceased), W/o.Kavali Chandraiah, at the Government Civil Hospital, Parigi. In the statement, the deceased has stated that her marriage was performed with the appellant, who is a resident of Mitla Kodur Village, about 10 years back; that they were blessed with a son and a daughter; that for the last 5 years, her husband has been subjecting her to harassment both mentally and physically for getting additional dowry from her parents; that the village elders have settled the dispute and sent her to her in -laws' house; that five months back, her husband had burnt her with an iron rod; that the elders intervened, compromised the matter and sent the deceased back to her in - laws' house; that one month prior to the incident, the appellant quarrelled with the deceased for bringing additional dowry, due to which, she has again gone back to her parents' house; that three days prior to the incident, the appellant went to his in - laws' house and brought the deceased back to his house; that the deceased earned wages under 'Food for Work' Scheme, but the appellant had taken away the said money and used the same for consuming liquor; that on 19 -07 -2008 at about 18:00 hours, the appellant came to the house in a drunken condition, upon which the deceased picked up a quarrel with him over money; and that following the altercation, the appellant poured kerosene over the deceased and set her ablaze, due to which, she has received burn injuries.

(3.) After recording the said statement, PW.10 registered Crime No.147 of 2008 for the offences under Sections 498 (A) and 307 IPC and took up the investigation. During the course of investigation, PW.10 visited the Government Civil Hospital, Parigi, examined and recorded the statement of the deceased. On requisition of PW.10, PW.9 - the Judicial First Class Magistrate, Parigi, recorded Ex.P.9 - dying declaration on 19.07.2008. Thereafter, PW.10 proceeded to the scene of offence and examined PW.1, LW.3, PWs.2 to 5 and LW.8 and recorded their detailed statements. PW.10 secured the presence of LWs.12 and 13, conducted Ex.P.12 - panchanama, drafted Ex.P.13 - rough sketch and seized M.O.1 - Plastic Kerosene can and M.O.2 - Chavi Company match box in the presence of the same mediators under the cover of Ex.P.12 - Panchanama.