NALLAM VEERA SATYANANDAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by the Sessions Judge, Rajahmundry, in SC 198/93 dated 30-3-1994, whereby the trial Judge has convicted the appellants under Ss. 304-B and 498-A of the Indian Penal Code. He has sentenced each of them to suffer rigorous imprisonment for a period of seven years under S. 304-B and rigorous imprisonment for a period of two years under S. 498-A of the Indian Penal Code.

(2.) The 1st appellant is the son of the remaining appellants. The 1st appellant was married to his niece, Aruna Kumari, who was his sister's daughter. PW-1 is the father while PW-2 is the mother of the deceased, Aruna Kumari. The marriage between the deceased Aruna Kumari and the 1st appellant took place on 18-5-1990. On 12-7-1992, Aruna Kumari at about 3 p.m. suffered burn injuries and succumbed to those injuries on the same day in the hospital at 7.30 p.m.

(3.) The case of the prosecution, in brief, is that, on demand, PW-1 paid an amount of Rs. 5,000.00 as dowry to the appellants and had also agreed to give 1/3rd share in the house. But, after the invitation cards were printed, at the insistence of the 2nd appellant, PW-1 agreed to give half share in the house. He executed an agreement evidencing the transfer of half share in the house and handed over it to the 1st appellant at the time of the marriage. After the marriage, the deceased Aruna Kumari stayed for some time with the appellants. But, the appellants started to harass the deceased to get the agreement in question registered in favour of the 1st appellant and they started practising cruelty on her. The deceased Aruna Kumari was taken by PW-1 to his house for Sravanamasam Pujas in the month of August, 1990. During her visit, she narrated about the maltreatment and mis-behavior of the accused persons. Then, the 1st appellant visited the house of PW-1 and got the general power of attorney for management of half share in the house in question executed and registered in his favour which is at Ex.P-2. But he did not take Aruna Kumari with him. After request, the appellants took the deceased Aruna Kumari to their village in the year 1991. The deceased wrote four letters, which are Exs.P-4 to P-7, to her father PW-1, in which she has written that the 2nd and 3rd appellants used to harass her as also to instigate the 1st appellant to beat her and used to say that if she dies, the 1st appellant would get much dowry. She also wrote that the accused persons were demanding half portion in the suit house as also arrears of rent for 14 months. The 1st accused also tried to throttle her neck in an attempt to kill her. He also threatened that he would administer endrine to get rid of her. Aruna Kumari was brought back to the house of PW-1 and she narrated the entire incident to her parents. On 6-4-1992, a caste Panchayat was convened, in which PWs-3, 4 and 5 were present. The 1st and the 2nd appellants had also participated in it. They were advised by PWs-3, 4 and 5 to properly maintain the deceased Aruna Kumari and a draft was prepared, but they refused to sign it. On the next day, that is, on 7-4-1992, the 2nd and the 3rd appellants again visited PWs-3, 4 and 5 and agreed to give a letter of assurance and voluntarily signed on the letter of assurance, Ex.P-9. Thereafter, on 23-5-1992 PW-1 sent the deceased Aruna Kumari to the house of the appellants. On 28-5-1992, when PW-1 visited there, the deceased Aruna Kumari again complained that the appellants were harassing her for dowry. On 11-7-1992, on hearing that the cruelty was continued, PW-1 visited the appellants and complained about their mis-behaviour, consoled his daughter and returned. On 12-7-1992 at 3 p.m., the deceased sprinkled kerosene on her person and set it to fire. She received burn injuries and was removed to the hospital where the Judicial First Class Magistrate, PW-13, recorded her dying declaration, Ex.P-28. Immediately thereafter, Head Constable, PW-11, also recorded her statement, Ex.P-25 and registered a case vide FLR Ex.P-26 under S. 498-A, I.P.C. on the basis of Ex.P-25 against the accused persons and has also issued the FIR in under S. 304-B, I.P.C. Ex.P-27. The Medical Officer, PW-1, conducted autopsy the dead body of Aruna Kumari vide post-mortem report Ex. P-19. This is, in short, the prosecution case.