VEERULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal filed by both the accused in S.C. No. 756 of 87, on the file of the Metropolitan Sessions Judge. Hyderabad, against their convictions under Sections 498-A and 306 I.P.C., and sentences to suffer each of them rigorous imprisonment for a period of three years and a fine of Rs 500/- under Sec. 306 IPC, and rigorous imprisonment for a period of one year and a fine of Rs. 200/- under Section 498-A IPC.

(2.) The fact as spoken to by P.Ws. 1 and 2 in brief ale. A-2 is, the mother of A-i. A-i is the husband of one Bhagya Lakshmi (hereinafter referred to as the deceased) P.W.2 is the son and the deceased IS the daughter of P.W. 1 The marriage between the deceased and A-i took place on 4-5-1984. On demand by A-2, P.W. 1 presented to A-i at the time of the marriage 12 tulas of gold, silver plate of 50 tulas, silver glass of _20T tulas and silver Iota of 150T tulas, etc., total worth of Rs. 50,000/ - 15 days later to the marriage her father of A-i died. Thereupon, both the accused began blaming the deceased that her stepping-in resulted in the death of her father in-law and started ill-treating and harassing her. During the Deepavali after the marriage the accused asked P.W, i for 2 tulas of gold, one Hatari T,V., and new clothes. However, P.W. 1 gave only the T.V. and new clothes. Subsequently the deceased gave birth to a female child. Then again the accused asked P.W. 1 for 2 tulas of gold and a silver spoon for the baby, which P. W. 1 gave. Even after the birth of the baby there was no peace in the house and both the accused continued ill-treating the deceased. While so in May, 86 P.W. i performed the marriage of his son, P.W.2. On that occasion both the accused demanded for 5 tulas of gold. However; P.W. i expressed his inability and gave them only Rs. i,ii6/- for purchasing new clothes to A-i. On 25-5-1936 P.W. 1 invited all his relatives for launch to his house in connection with the marriage of P.W. 2. A-i and the deceased had their lunch. P.W. i requested them to stay for dinner also in the night. A-i took the dinner at about 8-30 p.m., along with other gents. When dinner was being served to the ladies, A-i did not allow the deceased to dine and took her away in an all to to his house. During the journey in the all to A-i pressed the neck of the deceased and when she protested he also slapped her. After reaching the house A-i complained to A-iT that at the time of the meals proper courtesy was not shown to him in the house of his in- Jaws. So, A-2 abused the deceased. On toe next morning i.e. 26-5.1986 at about 4.00 a.m., the deceased went to the ground-floor to bring water from the common tap. When the deceased went to the up stairs with the water-pot, A-2 abused the deceased filthy language and questioned her it she was talking with her paramour on the around-floor. The deceased retorted by saying bow it would be if she used the same abuse against A-2. Thereupon, A-2 started beating the deceased and A-i also joined her in beating the deceased The deceased wanted to pick- up her daughter who was till then crying. However, both the accused snatched the child and pushed the deceased into the kitchen asking her to die. Being unable to bear with the day-to-day torture the deceased bolted the door inside poured kerosene on herself and burnt herself with a match stick. She was admitted into the hospital on the same day, i.e., 26-5-i986, but she died on 7-6-i986. The doctor, who conducted the post-mortem opined that the death was due to the burn-injuries. P. W. iO, the Inspector of Police, came to the hospital on 26-5.i986 and recorded the dying declaration, Ex. p17, of the deceased. The Magistrate, P.W. 9 on request also came to the hospital on 26-5-1986 and recorded the dying declaration Ex. P-i6. After completion of the investigation the charge-sheet was filed.

(3.) The prosecution in all examined P.Ws. i to i6 and marked documents. Exs. P.i to P-2i. When examined under Section 3i3 Cr. P.C., A-i stated as under: TTOn 25-5-i986 myself and my wife were called to my in-laws house for lunch. We staved on till the evening. P.W. i, P.W. 2 Ramamurthy, P. Lingamurthy and P. Nandagopal drank liquor heavily and abused. They also abused my wife. We returned to my house in that night. In the morning she brought two pot of water. The baby was badly crying. A-2 asked her to feed milk to the baby. My wife went to the baby and beat her. A-2 intervened asked her why she was beating he child and asked to give the baby to her, Then my wife abused saying was the baby her daughter and did she beget the baby by sleep in, with her son. We reprimanded say in. why she had So much of sort temper and should she be have with olden like .this. The baby was crying out of her breath, was almost getting breathless. Myself and A- 2 took the child aside and tried to pacify it. Meanwhile she went inside the kitchen, while we were aside the child She chained from fluids barged the door and shouted her to open. When she did not open 1 took .an iron pounder, broke the door and brought her out. I covered her with blanket and extinguished the flames. Subsequently I tock her in all to, to Gandhi Hospital.