STATE OF A. P. Vs. SHYMALA LINGA SWAMY

JUDGEMENT

(1.) The appellant-State filed the present appeal by invoking the provision under Section 378(1) and (3) of the Code of Criminal Procedure, challenging the judgment dated 28.07.2007 in S.C.No.419 of 2006 on the file of the Assistant Sessions Judge at Nalgonda, wherein and whereby the learned Sessions Judge acquitted the respondents/A1 to A3 for the offence punishable under Section 306 IPC.

(2.) The case of the prosecution, in brief, is that the marriage of A1 with the deceased Shyamala Manga was performed at about 5 years prior to the date of occurrence i.e., 10.5.2006, and after some time, A1 along with A2 and A3 used to harass the deceased mentally and physically on the ground that she was not conceiving, for which she attempted to commit suicide once, and after the panchayat conducted by the elders, she joined with the company of A1 and later, she gave birth to a female child. Since then, all the accused used to harass the deceased on the ground that she gave birth to a female child. On 10.05.2006, during morning hours, A1 to A3 quarreled with the deceased on the ground that she did not properly stitch the petty coat of A3 and they instigated her to die, thereupon, she went inside the house, set herself ablaze at 7.00 AM., and sustained burn injuries and immediately, she was shifted to Osmania General Hospital, and on the way, she told her parents about the harassment of the accused and later, she died near Ramoji Film City. Based on the report of P.W.1-father of the deceased, a case in Cr.No.25 of 2006 was registered under Section 306 IPC against the accused.

(3.) Heard learned Assistant Public Prosecutor for the appellantState, Sri G.L.Narasimha Rao, learned counsel for the respondents/A1 to A3 and perused the record.