KONYALA KISTAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is arising out of the judgment dtd. 13/11/2013 in S.C.No.264 of 2012 on the file of VIII Additional District and Sessions Judge, Medak, FAC, III Additional District Judge (FTC), Medak.

(2.) The appellant is accused No.1. A charge sheet is filed against A-1 to A-3 for the offences punishable under Ss. 304-B, 302 r/w.Sec.34, 201 of IPC and under Ss. 3 and 4 of the Dowry Prohibition Act. The trial Court, after considering the evidence on record, acquitted A-2 and A-3 of all the above said offences and also acquitted A-1 of the offences under Ss. 304-B of IPC and Ss. 3 and 4 of the Dowry Prohibition Act, but convicted him for the offences punishable under Ss. 302 and 201 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000.00 for the offence under Sec. 302 of IPC, and further sentenced the appellant to undergo imprisonment for three years and also to pay a fine of Rs.5,000.00for the offence punishable under Sec. 201 of IPC and both the sentences were ordered to run consecutively.

(3.) The brief case of the prosecution is that Aruna @ Pavani (hereinafter referred to as 'the deceased') got married with A-1 on 20/3/2011 and at the time of marriage, the parents of the deceased gave Rs.1,50,000.00 cash, gold pustelathadu weighing 2' tulas, gold kammalu with buttalu weighing 1' tula, gold vanku (ring) 1 tula, silver leg kadas 40 tulas, silver chains 6 tulas and other household articles as per the demand of the accused. After marriage, the deceased went to her matrimonial house. On 24/25/3/2011, the deceased went to her parents' house to attend a Jatara. It is the further case of the prosecution that A-1 demanded Rs.30,000.00 for purchase of a motorcycle and the said amount was also paid by the parents of the deceased. After returning to the house of accused, A-1 to A-3 further harassed the deceased mentally and physically and also suspected her character. On 15/4/2011 at 2.00 p.m., A-1 picked-up a quarrel with the deceased in his hut, slapped her and the deceased went out to the adjacent hut of Gundaiah, but A-1 followed and beat the deceased, committed murder by throttling her neck, and to screen away the evidence, he poured kerosene and set fire to the dead body of the deceased and left the scene of offence. As a result, flames caught to the hut of Gundaiah and they also spread to the neighbouring huts of Pochaiah, Nathi Laxman, Nathi Mahipal, Nathi Bhumaiah.