SHAIK HUSSAIN Vs. STATE OF A P

JUDGEMENT

(1.) The appellant/sole accused filed this criminal appeal challenging the judgment passed by the V Additional Metropolitan Sessions Judge, Hyderabad, in S.C.No.513 of 1999, dated 20.08.2002, whereby the accused was convicted for the offences punishable under Sections 498-A, 324 and 306 IPC and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for one year for the offence under Section 306 IPC. In view of the sentence imposed for the offence under Section 306 IPC no separate sentence was imposed for the offences under Sections 498-A and 324 IPC.

(2.) The accusation, which led to the conviction of the appellant is that on 10.06.1999 at about 5 pm., the accused being the husband of Smt. Farzana Begum @ Husna Begum (hereinafter referred to as 'the deceased'), subjected her to cruelty and harassment by beating her indiscriminately with belt, sticks, wooden plank etc., in a drunken state, and thereby subjected her to physical as well as mental cruelty, which driven her to commit suicide and thereby committed an offence punishable under Section 498-A IPC. Secondly, on the same date, same place and same time, he voluntarily caused hurt to the deceased with belt and pestle, which is a deadly weapon, and thereby he committed an offence punishable under Section 324 IPC. Thirdly, on such beatings, unable to bear the torture, the deceased poured kerosene on herself and burnt herself and thereby the accused abetted her to commit suicide and thereby he committed an offence punishable under Section 306 IPC. When the charges were read over to the accused, he pleaded not guilty and claimed for trial.

(3.) In order to substantiate the charge, the prosecution examined PWs.1 to 12 and marked Exs.P.1 to P.6 apart from Mos.1 to 10. Except marking Ex.D.1-161 Cr.P.C. statement of PW.2, no other evidence was adduced on behalf of the defence.