ABDUL RAHEEM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment dated 20-11-2001 passed in Sessions Case No. 56 of 2001 on the file of the IV-Additional Metropolitan Sessions Judge, Hyderabad, whereby and whereunder, the learned Additional Sessions Judge found A1-Abdul Raheem and A2-Sayeeda Bee @ Sayeeda guilty for the offences under Sections 304-B and 498-A IPC, convicted them accordingly and sentenced each of them to undergo rigorous imprisonment for a period of 7 years for the offence under section 304-B IPC and rigorous imprisonment for a period of 3 years and to pay a fine of Rs. 500/-, in default to suffer simple imprisonment for three months for the offence under Section 498-A IPC.

(2.) THE prosecution case in brief is :-A1-Abdul Raheem is son of A2- Sayeeda Bee @ Sayeeda. P. W. 1-Putli Bai is mother of P. W. 2-Mohd Ghouse and Fatima Begum. A1 married Fatima Begum on 12-03-1997. At the time of marriage, P. W. 1 gave a cash of Rs. 10,000/- and presented one tola of gold and furniture etc. Jahez articles presented at the time of the marriage have been detailed in the list, which has been exhibited as Ex. P1. A1 and A2 looked after Fatima Begum for about one year without any discomfort. Rather it can be said that Fatima Begum had happy marital life for about one year. Thereafter, A1 and A2 started harassing Fatima Begum for additional dowry and resorted to physical assaults. Fatima Begum used to inform the harassment meted out by her in the hands of the accused to her mother and brother whenever she happens to visit them. It is further alleged that A1 demanded Rs. 10,000/- as additional dowry, which has been complied with by P. W. 1. Two years after the marriage, a female child was born to Fatima Begum. On the eve of the birth of the child, P. W. 1 gave one tola of gold and cash of Rs. 5,000/- to A1. Being not content with the money received from P. W. 1, A1 demanded her to give mulgi situated at Natarajanagar. P. W. 1 has two mulgies at Natarajanagar. She did not oblige A1 as she has two sons whom she intends to give the two shops, one to each. As the demand of A1 has not been met by P. W. 1, A1 and A2 used to beat fatima Begum. A1 also demanded money from P. W. 1 to get an auto licence, but p. W. 1 refused to oblige his demand. P. W. 1 received a telephone call on 26-09-2000 with regard to admission of Fatima Begum in Osmania General Hospital with burn injuries on her person. P. W. 1 along with her son P. W. 2 rushed to the hospital and found Fatima Begum with burn injuries on her person. Even before they reached the hospital, an intimation was sent to the VI-Metropolitan magistrate at Hyderabad with regard to the admission of Fatima Begum in Osmania general Hospital with burn injuries on her person. Ex. P6 is the intimation sent to the Magistrate. P. W. 6-M. Rambhadra Rao, VI-Metropolitan Magistrate, Hyderabad received Ex. P6 and proceeded to Osmania General Hospital. He recorded the dying declaration of Fatima Begum in the presence of dr D. B. N. Prasad, who certified the fit state of mind of the declarant. Ex. P7 is the dying declaration of Fatima Begum recorded by P. W. 6. Fatima Begum stated in her dying declaration that she caught fire accidentally while cooking and that her in-laws extinguished flames and admitted her to hospital. P. W. 7-Syed Jalal Hussain, Sub-Inspector of Police, Asifnagar, received intimation from Osmania General Hospital on 26-09-2000 at 8. 00 p. m with regard to the admission of Fatima Begum in the hospital with burn injuries. He deputed B. Krishna, H. C. 6033, to Osmania General Hospital for recording the statement of Fatima Begum. The said Head Constable recorded the statement of fatima Begum, which has been exhibited as Ex. P10. It is the version of Fatima begum in Ex. P10-statement that on 26-10-2000 at about 11. 00 hours, her husband (A1) quarreled with her since he lost his auto licence and beat her with hands at about 11. 30 hours. Her statement further reads that her in-laws abused her in filthy language and thereupon, she poured kerosene on her and lit a matchstick so as to threaten her husband (A1) and thereby she caught in flames and that her husband (A1) and her aunt (A2) brought her to hospital. The Head constable handed over Ex. P10 statement of Fatima Begum to the S. H. O. , Asifnagar. P. W. 7, Sub-Inspector of Police, Asifnagar received Ex. P10 and registered a case in Crime No. 235 of 2000 for the offence under Section 498-A IPC and issued ex. P11, F. I. R. P. W. 9-R. G. Shiva Maruthi, Sub-Inspector of Police, took up investigation, visited the scene of offence situated at H. No. 12-2-418/b/6, viswasnagar Colony, Hyderabad and conducted scene of offence panchanama and seized particularly burnt cloth pieces and white kerosene plastic tin, which have been exhibited as M. O. 1 and M. O. 2, under the cover of Ex. P2-panchanama in the presence of P. W. 3 and another namely Ismail Khan. On 28-09-2000, P. Ws. 1 and 2 approached him and informed that fatima Begum wanted to disclose some more facts regarding the incident. Therefore, he rushed to the Osmania General Hospital and recorded the statement of Fatima Begum and sent a requisition to the Magistrate for recording the statement of Fatima Begum once again. P. W. 6 received Ex. P8 requisition on 28-09-2000 at 1. 10 p. m. He proceeded to Osmania General Hospital and recorded the dying declaration of Fatima Begum. The dying declaration has been exhibited as ex. P9. Fatima Begum stated in Ex. P9 that her husband Abdul Raheem (A1) and her in-law sayeeda Bee (A2) used to quarrel with her on petty matters and abuse her and three days back at 1. 00 p. m, her aunt (A2) and her husband (A1) poured kerosene and set her on fire and that her husband (A1) and aunt (A2) extinguished flames and brought her to hospital. On 30-09-2000 at 6. 00 a. m Fatima Begum succumbed to burn injuries while undergoing treatment. P. W. 9 received death intimation on 30. 09. 2000 at 7. 10 a. m. He sent a requisition to RDO to depute MRO to conduct inquest over the dead body of Fatima Begum (hereinafter referred to as "the deceased" ). P. W. 8-G. Vijaya Kumar, MRO held inquest on the dead body of the deceased in the presence of P. W. 4-Mohd Ghouse and another person viz. , Smt kareemunnisa. During the course of investigation, he examined P. Ws. 1 and 2 and recorded their statements, which have been exhibited as Exs. P12 and P13. After the inquest, the dead body was sent for post mortem examination. P. W. 5-Dr. P. Srinivas Rao conducted post mortem examination on the dead body and issued ex. P5 post mortem report opining that the deceased died due to burns. P. W. 10 -V. Rama Krishna, Inspector of Police, Asifnagar Police Station took up investigation and altered Section of Law from 306 IPC to 498-A and 302 IPC and filed Ex. P14 memo of alteration of Section of Law. He arrested A1 and A2 on 12-10-2000 and 03-11-2000 respectively and sent them for remand. After completion of investigation, he laid charge sheet before the IX-Metropolitan Magistrate, hyderabad.

(3.) THE learned Magistrate took the charge sheet on file as PRC no. 19 of 2001 and committed the case to the Metropolitan Sessions Judge as the offence under Section 302 IPC is exclusively triable by a Court of Session. The learned Metropolitan Sessions Judge took the case on file as S. C. No. 56 of 2001 and made over the same to the IV-Additional Metropolitan Sessions Judge for disposal according to law.