CHERUKUPALLY JANAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellant/A1 aggrieved by the conviction recorded by the II Additional Sessions Judge, Nalgonda at Suryapet, in S.C.No.618 of 2007, dtd. 17/2/2009, for the offence punishable under Ss. 307 of Indian Penal Code and sentenced to undergo Rigorous Imprisonment for a period of seven years, further under Sec. 306 of IPC appellant was sentenced to undergo Rigorous Imprisonment for three years and to pay fine of Rs.500.00.

(2.) The case of the prosecution is that the appellant is the husband of the deceased and were married six years prior to the incident. The deceased gave birth to a son and daughter. At the time of marriage Rs.10,000.00 was given towards dowry and the appellant and his parents (A2 and A3 who were acquitted), were harassing the deceased for additional dowry. For the said reason, a 'panchayat' was held in the presence of village elders and the accused were admonished. However, the harassment continued, for which reason on 7/11/2006 at about 10.30 p.m. in the night, when the appellant in a drunken state poured Kerosene on her from a lamp, the deceased set fire to herself.

(3.) On the basis of the complaint filed by PW1 who is the mother of the deceased, police filed charge sheet against this appellant/A1 and his parents for the offence under Sec. 304- B of IPC. However the learned Sessions Judge having framed charge under Sec. 304-B of IPC on 18/3/2008, again framed charges under Sec. 498-A, 307 and 306 of IPC on 12/9/2008.