KATAKAM RAMESH Vs. STATE OF A P

JUDGEMENT

(1.) The judgment of the First Additional Metropolitan Sessions Judge, Hyderabad, in S.C.No.458/ 1993 dated 1-3-1995 convicting both the appellants (accused No.l and 2 in the trial Court) under Sections 498-A and 302 read with Section 34 of Indian Penal Code and sentencing them to undergo rigorous imprisonment for a period of two years besides fine of Rs.100/- each in default to suffer simple imprisonment for one month and imprisonment for life and to pay a fine of Rs.200/- each in default to suffer simple imprisonment for a period of one month is under challenge in this appeal. They will be referred to as accused No.1 and 2 in the course of this judgment.

(2.) The prosecution case in brief is that the accused persons are residents of Hyderabad and the material prosecution witnesses are residents of Khaslabad, Medak District. The deceased Aruna was the wife of accused No.1 and she will be referred to as the 'deceased'. Accused No.2 is the mother of accused No.1 while accused No.3 and 4 who are acquitted are brother and sister of accused No.1 respectively. PWs.1 and 2 are the parents, PW.3 is the brother, PW.4 is the elder sister and PW.5 is the junior paternal uncle of the deceased. The marriage of the deceased with accused No.l was solemnized on 14-5-1987 at Khaslabad.

(3.) At the time of marriage PW.1 gave Rs. 15,000/- in cash, 4 tolas of gold besides Rs.6,000/-forthe clothes. After the marriage, the deceased joined the accused at Potugal, their native place. After the marriage the deceased lived happily for 15 to 20 days. Thereafter accused No.1 and 2 started harassing the deceased to get money from her parents. PW.1 paid Rs.15,000/- and 3 tolas of gold. Two years thereafter the accused is said to have harassed the deceased for opening a shop at Hyderabad. Accused No.1 opened a shop at Hyderabad and all the accused shifted their residence to Hyderabad. About 3 or 6 months later, PW.1 visited the house of the deceased at Hyderabad. He observed that the deceased was provided with a separate plate and glass and the deceased was not allowed to cook food in the house. Then PW.l took the deceased to a doctor at Aurangabad for examination. The doctor told PW. 1 that the deceased was not suffering from any ailment. Thereafter the deceased and the accused lived happily. In the meantime the accused have shifted their residence from Kachiguda to Dilsukhnagar. On 30-11-1992, accused No.3 sent a car to the village through some mediator and they were informed that deceased was admitted in the hospital due to some weakness. Then PWs.l, 2 and 4 reached Hyderabad at 8.30PM in the night. PW.1's brothers Rajaiah and Jagadaiah were not informed about the deceased's condition. On their arrival PW.1 informed their brothers. Then they al 1 went to Osmania General Hospital and found the deceased with extensive burns. It is alleged that accused No.l and 2 put her inside the bathroom and set her ablaze. Then PW.1 gave a complaint to the police, Amberpet. Ex.P-1 is the complaint.