SRIMURTHY SURESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant is convicted for the offence under Sec. 304-II IPC and sentenced to undergo RI for a period of seven years and also to pay fine of Rs.10,000.00, in default, to suffer SI for one year and he is also convicted under Sec. 498-A of IPC and sentenced to undergo RI for two years and to pay fine of Rs.5,000.00, in default, to undergo SI for six months, vide judgment dtd. 5/3/2009 in S.C.No.330 of 2007 passed by III Additional Sessions Judge (FTC), Asifabad. Aggrieved by the same, the present appeal is filed.

(2.) The case of the prosecution is that the deceased is the wife of appellant/accused. P.W.1 is the father of the deceased. The marriage of the deceased was performed with the accused. At the time of marriage, Rs.1,80,000.00 dowry was given. She gave birth to a son. On 2/2/2007, P.W.1 was informed that his daughter received burn injuries and immediately rushed to her house and extinguished the flames with the help of blanket and also poured water. Immediately deceased was shifted to hospital in an auto. After first aid, deceased was shifted to Karimnagar hospital. While taking her in an ambulance, the deceased informed that the accused came around 12.00 night in drunken condition and from 12.00 am to 3.00 a.m he questioned about the illegal contacts and thereafter poured kerosene on her and set fire.

(3.) The statement of deceased was recorded by police CCC Naspur and crime 14/2007 was registered under sec. 307 and 498A of IPC. The police requested the concerned Magistrate to record dying declaration. Accordingly, dying declaration was recorded by P.W.10. P.W.10 stated that he had taken the certification of the Doctor that deceased was mentally fit to give her declaration. PW10 stated that according to deceased, the accused was suspecting the character of the deceased that she was having illegal intimacy with others and for the said reason, poured kerosene on her and ran away. Unable to bear the burns, she came out of the house, by which time her uncle by name Prabhakar(DW1), who was the neighbor came there and telephoned to her parents. Thereafter, the parents and sister brought her to Karimnagar Hospital. The statement of the deceased was recorded by the Sub Inspector of Police under Ex.P16. In the statement made to the police, she stated that around 3.00 or 4.00 a.m, the appellant poured kerosene on her and lit match stick while pouring kerosene, some kerosene fell on his hands and his hands were also burnt. On hearing cries and observing smoke one neighbor Thirupathamma informed her parents. The reason for setting fire was that the accused was suspecting her character. Later the deceased was shifted to Osmania General Hospital, where she died on 5/2/2007. The Afzalgunj police registered crime under sec. 174 of IPC under EXP 12. However CCC Naspur police after concluding investigation, filed charge sheet against the accused under Ss. 302 and 498 A of IPC and accordingly charges were framed for the said penal provisions.