GALAVELI VENKATESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A1 and A2 in Sessions Case No.218 of 1994 on the file of the Court of the Additional Sessions Judge, West Godavari, are the appellants before us. Originally three accused were tried by the Additional Sessions Judge i.e., A1 and A2 were tried for the offence punishable under Section 498-A, IPC, and A1 and A3 were tried for the offence punishable under Section 302 read with Section 34, IPC. The trial Court after full trial and considering the entire material on record found Al guilty and A2 not guilty of the offence punishable under Section 498-A, IPC. Accordingly, A1 was convicted for the said offence and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.1,000.00 in default to suffer imprisonment for a period one month, and acquitted A2 for the said offence. Further , the trial Court found Al and A2 guilty, and A3 not guilty of the offence punishable under Section 302, IPC. Accordingly, A1 and A2 were convicted and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.2,000.00 each in default to suffer simple imprisonment for two months, and acquitted A3 of the said offence.

(2.) The gravamen of the charge is that A1 and A2 subjected the deceased-Hemalatha (wife of A1) to harassment for bringing dowry to the tune of Rs.10,000.00from her mother. In furtherance of their cruel act, on 18-10-1993 at about 3.00 p.m., they caused the death of the deceased by pouring kerosene and setting fire.

(3.) The case of the prosecution is that A1 and A3 are brothers and A2 is their. The deceased-Hemalatha is the wife of A1 and PW1 is the mother of the deceased. All the accused belong to Raninagar, Tangellamudi, Eluru, whereas PW1 and the deceased belong to Somavarappadu village. The marriage of the deceased with A1 was performed in the year 1991 and out of their wedlock a female child was born. After the birth of the said child, it is alleged that A1 used to harass the deceased for bringing additional dowry of Rs.10,000.00 from her mother or to put the house property in his name. As the deceased did not accept his proposal, he along with other accused tortured the deceased physically and mentally and necked her out of the house and the deceased went to her parent's house and informed about the same to her mother (PW1). PW1 gave a complaint in II Town Police Station, Eluru on 15-10-1993 and requested the Sub-Inspector to admonish the accused. Accordingly, the Sub-Inspector examined the accused. PW1 and the deceased and reprimanded the accused and directed them to take the deceased to their house and live peacefully. Accordingly, the deceased was sent with the accused on the night of 17-10-1993 and PW1 went to her village on that night to bring the clothes of the deceased. On 18-10-1993 in the morning A1 beat the deceased on the pretext that the police called them to the Police Station at her instance, A2, the mother-in-law of the deceased, scolded the deceased in vulgar language. In the afternoon Al beat the deceased scolding her as bitch. While so, on the same day at about 3.00 p.m., when the deceased was sleeping A1 woke her up scolding her as saying bitch "you are still alive" and then A2 poured kerosene A1 lit the fire with a match stick. When PW1 tried to enter the house, A3 resisted her and threatened with dire consequences. Subsequently, the husband of the deceased (Al) removed the deceased to the Government Hospital, Eluru, in a rickshaw. On the same day on receiving Ex.P9 intimation, the Assistant Sub.-Inspector of Police (PW13) rushed to the Government Hospital and recorded the statement of the deceased under Ex.P14 and on the basis of the same a case in Crime No.342 of 1993 was registered under Sections 307 and 326, IPC. Later, on receiving the death intimation, the Section of law was altered and revised FIRs, were issued. On 18-10-1993 at about 7.45 p.m. the Inspector of Police (PW15) proceeded to Government Hospital and recorded the statement of PWs.1 and 6. On 19-10-1993 at about 7.00 a.m. PW15 prepared rough sketch of the scene of offence in the presence of PW10 and another, which was marked as Ex.P17, and recovered MOs.1 to 4 from the scene of offence under Ex.P11. On 19-10-1993 PW11 (MRO,) conducted inquest over the dead body of the deceased and prepared Ex.P12 inquest report. On 19-10-1993 at 2.00 p.m., PW9 (Civil Assistant Surgeon) conducted autopsy over the dead body of the deceased and issued Ex.P10 post-mortem certificate opining that the deceased died due to extensive burns. On 25-10-1993 PW15 arrested all the accused and sent them to judicial custody, and after completion of investigation he filed the charge-sheet.