SIRUMALLA BHUMESH Vs. STATE OF A P

JUDGEMENT

(1.) THIS appeal is filed against the judgment of the learned II Additional Sessions Judge (Fast trackcourt),adilabadins. C. No. 119 of 2003. The appellant, who was A-1 before the learned trial judge was convicted for the offence under section 302 IPC and sentenced to under go imprisonment for life, apart from fine of rs. 5,000-00 in default to suffer simple imprisonment for three months. A-1, the present appellant is the son of A-2, who died during the pendency of the case.

(2.) THE prosecution case is that A-1's marriage was performed with the deceased, radha @ Laxmi, two years prior to her death on 9-5-2001. At the time of marriage no dowry was given. Afterthe marriage of the deceased, the marriage of the eldersister of the deceased was performed at which time an amount of rs. 10,000-00 was given towards expenditure. Thereafter A-1 started feeling that he was not given any dowry and started harassing the deceased, asking her to get dowry equal to the amount given to her sister A-2 instigated A-1 and they drove out the deceased from their house. The parents of the deceased could not fulfil the demand of the accused. While so, on 25. 2. 2001 at about 10-00 a. m. , A-1 beat the deceased and both the accused poured kerosene and setf ire to her. When the persons present there tried to rescue her, A-2 obstructed and warned them. The neighbours ultimately extinguished the fire and shifted the deceased to Government Hospital, Boath. P. W. 1, mother of the deceased gave complaint, on the basis of which a case under sections 307 and 498-A IPC and Sections 3 and 4 of Dowry prohibition Actwas registered and investigation was taken up. The dying declaration of the deceased was got recorded by the learned judicial Magistrate of First Class, Boath. On 9. 5. 2001 the deceased succumbed to the injuries while undergoing treatment. Thereafter, the section of law was altered to one under section 304-B IPC and after completion of investigation, charge sheet was filed against both the accused.

(3.) THE following charge was framed against both the accused.