PADI SAVITRI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE Court of II Additional Sessions Judge (Fast Track Court) at parvathipuram tried Padi Savithri-A1 and her son, Padi Ramesh-A2 for the offence of committing murder of Padi Malathi, the daughter-in-law and the sister-in-law of the two accused respectively. Charges under Section 302 of the Indian Penal code (IPC) against A1, under Section 302 read with 114 IPC against A2 and under sections 304-B and 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act against both of them were framed. Accused pleaded not guilty. Through judgment dated 06. 01. 2006, the trial Court acquitted A2 but convicted A1 of the offence under Section 302 IPC and sentenced her to undergo rigorous imprisonment for life and to pay fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for six months. Hence, this appeal by A1.

(2.) MALATHI was married to Murali-P. W. 5, the son of A2 and brother of A1 about three years prior to April 2005. On 06. 04. 2005, Malathi was admitted in Area hospital, Parvathipuram with severe burn injuries. The Duty Doctor-P. W. 15 gave intimation to the local Magistrate-P. W. 4, who recorded the statement. By the time P. W. 4 reached the hospital, the Sub Inspector of Police, Parvathipuram recorded the statement of Malathi and based on the same, he registered F. I. R in crime No. 12 of 2005, initially under Sections 307 and 498-A read with Section 34 ipc against the accused. Thereafter, P. W. 5-the Magistrate recorded the statement of Malathi. While undergoing treatment in the hospital, she succumbed to the injuries on 11. 04. 2005. The provision of law in F. I. R. was altered and investigation was taken up.

(3.) THE prosecution alleged that A1 and A2 were harassing the deceased for additional dowry and on the date of the incident, the minor child of the deceased went to latrine somewhere in the open place and thereupon, A1 had questioned and admonished Malathi. The latter is said to have replied stating that she would take care of the child and feeling that she had dared to reply them in a derogatory manner, A1 and A2 have poured kerosene on Malathi and set her on fire. It was also alleged that P. W. 5, husband of Malathi, who was very much in the house, had rescued his wife by putting off the fire with the help of two others.