A SAVITHAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) APPELLANTS (A1 and A2), who are mother-in-law and husband of the deceased-Alugubilli kavitha, were tried for the offence under sections 304-B, 302 read with 34 1pc and sections 3 and 4 of Dowry Prohibition Act, 1961 (for short "the Act") in S. C. No. 522 of 2005 by the V Additional District and sessions Judge (III Fast Track Court), nalgonda at Miryalaguda. The learned sessions Judge found A1 guilty for the offence under Section 304-B 1pc and section 4 of the Act, accordingly convicted her for the said offence and sentenced to undergo imprisonment for life and also rigorous imprisonment for one year with fine of Rs. 5,000/- each, in default to suffer simple imprisonment for one year and six months respectively. A2 was found guilty for the offence under Section 3 of the Act and sentenced to undergo rigorous imprisonment for three years and fine of rs. 15,000/-, in default to suffer simple imprisonment for one year. Questioning the same the appellants preferred the present appeal.

(2.) THE substance of the charge against the accused is that on the intervening night of 4. 5. 2005 at about 2 a. m. , they caused the death of Alugubelli Kavitha - deceased by burns within seven years of her marriage and subjected her to harassment in connections with demand of dowry and committed the offence.

(3.) THE case of the prosecution in nutshell is as under: The deceased was the only daughter of Uppala Jayamma-complainant (P. W. I ). The accused are the resident of Sreenivasanagar Village and material witnesses are the resident of arakuntapalem Village. The deceased's marriage was performed with A2 about four years back, by giving a net cash of rs. 50,000/-, two tulas of gold and four acres of dry land situated on the out skirts Guntipalli annavaram Village towards dowry. The couple led happy married life for a period of three years and blessed with one daughter. After three years of marriage, the accused used to harass the deceased to sell away the four acres of land, which was given to her at the time of marriage. On coming to know about the harassment, P. W. I, one month prior to the date of offence, went to the house of the deceased to bring the deceased daughter to their house for Vadi biyyam function. The accused (A1) refused to send the deceased until the four acres of land was disposed of. Then, P. W. I gave rs. 70/- to the deceased and requested Al to send her daughter to their house atleast for Ugadi festival. On 5. 4. 2005 early morning at 4 a. m. , P. W. I received a phone call from her brother-PW3 that the deceased was admitted in the Government Hospital, miryalaguda with burns. Immediately she rushed to the hospital and saw the deceased, where the deceased told to her that A1 poured kerosene and set fire to her, and her child was taken away from her bed by A2. As the deceased was in critical condition, in order to give good treatment, P. W. I shifted the deceased to Jyothi Hospital, miryalaguda, where the doctors declared that the deceased died. On 5. 4. 2005 at 6. 30 am, pw1 submitted Telugu written complaint -Ex. P1 to PW13-Sub-Inspector of Police, miryalaguda Rural Police Station, on which basis he registered a case in Cr. No. 54 of 2005 under Sections 307, 498-A IPC and sections 3 and 4 of Dowry Prohibition Act. Ex. P14 is the FIR. PW13 examined PW1 in the police station and recorded her statement. As the concerned Magistrate was on leave, PW13 sent a requisition to the mro-PW10 for recorded dying declaration. PW10 recorded the dying declaration of the deceased in the presence of PW12-doctor. PW13 proceeded to the Government hospital and recorded the statement of the deceased. On the same day at about 10 a. m. , he received an information about the death of the deceased; then he altered the section of law and sent the altered fir-Ex. P15 to all the concerned; he visited the scene of offence and conducted panchanama of scene of offence in the presence of PW7; drawn the rough sketch; got photographed the scene of offence through PW4-photographer. After completion of inquest, PW13 sent the dead body for post-mortem examination. PW8, Civil assistant Surgeon, Government Hospital, miryalaguda conducted autopsy over the dead body of the deceased and gave Ex. P9-post-mortem report opining that the cause of death is shock due to second degree 88% burns. PW13 arrested the accused on 26. 4. 2005 and sent them to judicial custody. After completion of investigation, pw11, Deputy Superintendent of Police, miryalaguda filed a charge-sheet before the judicial First Class Magistrate, Miryalaguda, who committed the case to the Court of sessions. On committal, a charge under section 304-B IPC and alternative charge under Section 302 IPC and Section 4 of the act was framed against A1; and under section 304-B IPC alternatively under section 302 read with 34 IPC against A2 apart from a charge under Section 3 of the act. The accused pleaded not guilty and claimed to be tried.