GIRI RAVI Vs. STATE OF AP

JUDGEMENT

(1.) SOLE accused-Girl Ravi in S. C. No. 161 of 2002 on the file of V Additional Metropolitan sessions Judge, (Manila Court), Hyderabad calls in question in this Criminal Appeal his conviction and sentence forthe offences under sections 304-B and 498a IPC.

(2.) ACCUSED-GIRI Ravi was put on trial before the Vth Additional Metropolitan Sessions Judge, (Mahila Court), Hyderabad for the offences under Sections 498-A and 302 IPC.

(3.) THE prosecution case, in brief, is : accused-Giri Ravi married Manjula on 3. 11. 2000. P. W. 5 Laxmi Bai is mother of manjula. P. W. 6 K. Kousalya is the sister of p. W. 5 and she took Manjula in adoption. At the time of marriage cash of Rs. 35,000/- was given to the accused apart from presenting 8 tolas of gold to Manjula. Afterthe marriage the accused and his wife Manjula lived together amicably for four or five months. Thereafter, theaccused demanded Manjula to bring money from her mother as well as adoptive mother (P. Ws. 5 and 6 ). They met the demands of the accused to some extent. Because of the harassment, pregnancy of Manjula came to be aborted. The accused became addicted to alcohol and resorted to beat Manjula. P. W. 6 used to console Manjula and advise her to adjust with the accused. P. W. 6, on receipt of telephonic message from Manjula, came to the house of the accused. Manjula asked her to give Rs. 5,000/- to meet the demand of the accused, forwhich she expressed her inability. She promised to arrange money by 2nd november 2001. At about 9. 30 a. m. on 1. 11. 2001 P. W. 6 received a telephonic message from the neighbours of the accused that Manjula caught in flames. Then P. W. 6 accompanied by P. W. 5 went to the house of the accused and saw Manjula with burn injuries on her person. They did not find the accused anywhere in the house. Neighbours told them that the accused poured kerosene over manjula, burnt herand fled away. They shifted manjula in an auto to the hospital. On the way to hospital they passed on the information to the police. They enquired Manjula as to how she caught in flames and thereupon she stated to them that the accused demanded her to bring money and on her refusal to oblige him, he poured kerosene over her and lit fire and thereby she caught in flames. P. W. 11 Mohd. Fazil, SI of Police, Tappachabutra Police station made a General Dairy Entry with regard to the intimation given to him by P. Ws. 5 and 7, while on the way to hospital. He proceeded to hospital and recorded the statement of Manjula, which has been exhibited as Ex. P. 7. He sent a requisition to viii Metropolitan Magistrate, Hyderabad. He returned to Police Station and registered a case in Crime No. 143 of 2001 under sections498aand 307 IPC and issued Ex. P. 8 fir. He inspected the scene and examined p. Ws. 1, 2 and 4 and another and recorded their statement under Sections 161 Cr. P. C. He prepared Ex. P. 3 observation report in the presence of P. W. 8 and another and effected seizure of Mos. 1 to 3. He also prepared rough sketch of the scene, which has been exhibited as Ex. P. 4. He examined P. Ws. 5, 6 and 7 at the hospital and recorded their statements under Section 161 of Cr. P. C. P. W. 3 m. Prakash, VIII Metropolitan Magistrate, hyderabad received Ex. P. 1 requisition and proceeded to hospital and recorded Dying declaration of Manjula after putting preliminary questions to her. Manjula stated to P. W. 3 that the accused demanded her to bring rs. 40,000/- and as she failed to bring money as demanded by him, he poured kerosene on her and lit fire and thereby she caught in flames. Ex. P. 2 is the dying declaration of manjula. While undergoing treatment in the hospital, Manjula, hereinafter referred to as the deceased, succumbed to her burn injuries on 6. 11. 2001 at 9. 10 a. m. P. W. 12 v. Narasimha Rao, Inspector of Police, tappachabutra Police Station took up investigation and altered section of law from s. 307 to 302 IPC and filed Ex. P. 9 memo of alteration of section of law. He sent the requisition to conduct inquest over the dead body. P. W. 9 G. Vijaya Kumar, MRO (Inquest)held inquest on the dead body of the deceased at Mortuary in Osmania General Hospital in the presence of Mangamma and V. Babu Rao. The opinion arrived at by the panchas, on hearing the statements of the witnesses, came to be incorporated in column No. 15 of the inquest report, which has been exhibited as ex. P. 5. After the inquest, the dead body was subjected for post mortem examination. P. W. 10 dr. Abjit Subedar, held autopsy on the dead body on 6. 11. 2001 at 4. 15 p. m. and issued ex. P6 post mortem report opining that the deceased died due to burns. P. W. 12 arrested the accused on 7. 11. 2001 and sent him for remand. P. W. 13 N. Srinivas, Assistant commissioner of Police, Asifnagar took up investigation and filed Ex. P. 10 memo for inclusion of Section 304 B IPC. After completing investigation, he laid the charge sheet in the Court of IX Metropolitan Magistrate, hyderabad. The learned Magistrate took the charge sheet on file as P. R. C. No. 14 of 2002 and committed the case to the Metropolitan sessions Division as the offences under sections 304b and 302 IPC are exclusively triable by a Court of Session. The learned metropolitan Sessions Judge, took the case on file as S. C. No. 161 of 2002 and made over the same to Vth Additional Metropolitan sessions Judge, Mahila Court, Hyderabad for disposal according to law. The learned additional Metropolitan Sessions Judge, on hearing the prosecution and the accused, framed charges under Sections 498a and 302 ipc, read over and explained the same to the accused, for which the accused pleaded not guilty and claimed to be tried. To bring home the guilt of the accused for the offences with which he stood charged, prosecution examined 13 witnesses and proved 10 documents and exhibited 3 material objects. The plea of the accused was that the deceased committed suicide since her adoptive mother (P. W. 5) did not repay Rs. 10,000/- which she borrowed from the accused for necessities about two months prior to the incident. He also took the plea that the deceased became upset in view of their being no possibility of her becoming a mother. The learned Additional Metropolitan sessions Judge, on considering the evidence brought on record and on hearing the prosecution and the accused, found the accused guilty for the offences under sections 498a and 304b IPC and convicted him accordingly and sentenced him to suffer rl for 2 years and pay a fine of Rs. 1,000/-; in default to undergo SI for three months for the offence under section 498a IPC and Rl for 10 years and pay a fine of Rs. 5,000/-; in defaultto undergo SI for 6 months for the offence under section 304 B IPC, by judgment dated 11th february 2003. Hence, this Criminal Appeal by the accused.