GOKULAPATI APPALARAJU Vs. STATE OF A.P.

JUDGEMENT

(1.) This criminal appeal arises out of the judgment dated 25.01.2012 in Sessions Case No.33 of 2009 on the file of Sessions Judge, Mahila Court, Visakhapatnam (for short, 'the trial Court'). The appellant is the sole accused, convicted for the offence under Section 302 IPC, and sentenced to suffer imprisonment for life and to pay fine of Rs.500/-, in default, to suffer simple imprisonment for one month; and was also convicted for the offence under Section 498A IPC and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.500/-, in default, to suffer simple imprisonment for one month. Both the sentences of imprisonment were ordered to run concurrently. Aggrieved by the judgment of the trial Court, the appellant-accused is before this Court.

(2.) Brief facts of the case of the prosecution are that the marriage of the deceased Smt. Gokulapati Lakshmi was performed with the accused in the month of April, 2008. At the time of marriage, the defacto complainant gave an amount of Rs.50,000/- out of the amount of Rs.80,000/- demanded by the accused. The remaining amount of Rs.30,000/- was agreed to be paid during Sravana Masam. After marriage, the deceased joined her husband and led marital life with him. During that period, the accused started harassing the deceased. The accused and the deceased went to her in-laws house where the accused noticed that one Mahesh who was a distant relative of the deceased used to move with her closely. The accused suspected her fidelity and started harassing and also demanding her to bring remaining amount of Rs.3,000/- from her parents. For Aashadam , the deceased went to her parents house and returned back to her in-laws house and informed the accused that she was carrying third month pregnancy. The accused suspected her pregnancy due to her illicit intimacy with one Mahesh and harassed her mentally and physically and compelled her to terminate her pregnancy. The deceased refused to do so and thereupon the accused put her under fear of divorce and she accepted to get terminated her pregnancy. The accused continued to demand her balance amount of Rs.30,000/- and harassed her. On 28.08.2008, at about 10:00 PM, the accused tried to send the deceased to her parents house, but as there was no conveyance, he stopped her. He decided to do away with her life. At about 10:00 PM, he poured kerosene over her person, and lit fire with a match stick. Then the accused rushed out of the house by closing the doors. On hearing the cries of the deceased who sustained burn injuries, the accused tried to extinguish the flames using bed sheet. He created in the minds of the neighbours that the deceased herself committed suicide. The neighbours shifted her in 108 Ambulance to KGH hospital for treatment. The accused requested the deceased not to reveal his act to anybody and assured her that he will look after her well. He made her to inform police that she sustained burn injuries accidentally while lighting the stove as kerosene sprinkled on her clothes. On receipt of intimation, police rushed to KGH hospital and recorded the statement of the deceased. The police sent requisition to the Chief Metropolitan Magistrate for recording dying declaration of the deceased.

(3.) Heard the arguments of Ms.C.Vasundhara Reddy, learned counsel for the appellant, and the learned Public Prosecutor.