This is a case of a girl, by name K. Swapna @ Sujatha, ending her life on account of failure of love affair with the 151 appellant (A 1), for which the 151 appellant and his family members were held responsible, by the learned Special Sessions Judge-cum-IV Additional District & Sessions Judge, Chittoorat Tirupati, in Special S.C.No.24 2000, by judgment dated 17.06.2004. Being aggrieved by the same, A1 to A3 filed Criminal Appeal NO.1 058 of 2004 and A5 to A8 filed Criminal Appeal NO.1 059 of 2004.

2. As these two appeals arise out of the same judgment, they are disposed of by this common judgment. For the sake of convenience, parties hereafter referred to as per their status in the trial Court.

3. The case of the prosecution, as culled out during the course of evidence, is as follows. K. Swapna @ Sujatha (hereinafter called "the deceased") is the daughter of K. Jayallakshmamma (P.W.1) and D. Muraliswamy(P.W.2). Shewas in love with A 1 and they moved together for three years.

Though initially A 1 agreed for the marriage, thereafter he refused to marry her. When P .Ws.1 and 2 asked A 1 to marry the deceased, A 1 refused stating that she belongs to 'Madiga' caste. He also abused P.Ws.1 and 2. When the same was brought to the knowledge of A2 and A3, who are the parents of A 1 , they also refused to perform the marriage of A 1 with the deceased, as the deceased and P.Ws.1 and 2 belong to 'Madiga' caste.

4. While so, on 13.05.2000, at about 7.00 or 8.00 A.M., all the accused went to the house of P.Ws.1 and 2, called them in the name of their caste and insulted them. Because of humiliation , deceased went inside the house, poured kerosene on her body and set her ablaze. On seeing the deceased in such a condition, P .Ws.1 and 2 shifted her to SVRR Hospital, Tirupati, and got her admitted there. Later, hospital authorities intimated the same to Alipiri police as well as the learned I Additional Judicial Magistrate of I Class, Tirupati, (P.W.13). On the basis of the intimation, the Assistant Sub-inspector of Police (P.W.14) and P.W.13 visited SVRR hospital, Tirupati, and P .W.13 recorded the dying declaration (Ex.P11) of the deceased at 10.00 A.M. P.W.14 recorded another dying declaration (Ex.P13) of the deceased at 11.00 A.M. On the basis of the statement made by the deceased, a case in Crime NO.88 of 2000 was registered by P.W.14, for the offences punishable under Sections 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act, for brevity), and Section 306 of the Indian Penal Code, 1860, and issued copies of first information report to all the concerned. On such information, the Deputy Superintendent of Police (P.W.15) visited SVRR hospital, Tirupati, examined the deceased and recorded her statement/dying declaration (Ex.P16) at 4.00 P.M. After recording EX.P16, he seized the clothes (M. 0.1) of the deceased in the presence of mediators. Thereafter, he proceeded to the scene of offence and prepared rough sketch (Ex. P15) of the scene of offence.

On 18.05.2000, at 7.20 P.M., deceased succumbed to burn injuries while undergoing treatment.

5. On receipt of the death intimation, P.W.15 visited the hospital once again and held inquest over the dead body of the deceased in the presence of P .W.1 0 and others under EX.P8 inquest report. Thereafter, the dead body of the deceased was sent for autopsy. On a requisition, the Assistant Professor of Forensic Medicine, S.Y. Medical College Hospital, Tirupati, (P.W.11) conducted autopsy over the dead body of the deceased and issued Ex. P9 postmortem report. According to P.W.11 deceased died of septicemia as a result of infected burn wounds. On 22.05.2002 at about 11.00A.M., PW.15arrestedA1 toA3andA8 and produced them before the learned II Additional Judicial Magistrate of I Class, Tirupati, who in turn, remanded them to judicial custody. The other accused surrendered before the II Additional Judicial Magistrate of I Class, Tirupati, and they were also rem