IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
C. Praveen Kumar, Cheekati Manavendranath Roy, JJ.
Shaik Farooq Basha - Appellants
Vs.
State of A.P. - Respondent
Criminal Appeal Nos. 25 and 148 of 2013
Decided On : 30-08-2019
Indian Penal Code - Sections 498-A and 304-B - Criminal Appeal - Criminal Appeals arise out of the judgment dated 07.01.2013 rendered by the III Additional Sessions Judge, Nandyal, Kurnool District, in Sessions Case No. 245 of 2012, whereby the learned Additional Sessions Judge convicted accused No. 1 for the offence punishable under Sections 498-A and 304-B of the Indian Penal Code (for short "I.P.C.") and sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo imprisonment for one month for the offence punishable under Section 498-A IPC and sentenced him to undergo rigorous imprisonment for a period of seven years for the offence punishable under Section 304-B of IPC and ordered that both the sentences shall run concurrently. The learned Additional Sessions Judge acquitted accused Nos. 2 and 3 for the offences punishable under Sections 498-A, 302 r/w. 109 and 304-B r/w. 34 of IPC - Accused No. 1 has preferred Criminal Appeal No. 25 of 2013 assailing judgment of conviction, and P.W. 1, father of deceased-Shaik Rizwana Begum, has preferred Criminal Appeal No. 148 of 2013 dissatisfied with the quantum of punishment imposed against accused No. 1 and also assailing the judgment of acquittal of accused Nos. 2 and 3. Since both the appeals arise out of the same judgment, they were heard together and are being disposed of by this common judgment – Held, court do not find any apparent error of law in imposing sentence of seven years of imprisonment against accused No. 1 for the offence punishable under Section 304-B of IPC. The minimum sentence of imprisonment prescribed under Section 304-B of IPC was imposed against accused No. 1 by the trial Court. Therefore, there are also no valid grounds to interfere with the quantum of punishment imposed by the trial Court - As accused No. 1 is on bail, his bail bonds shall stand cancelled and he is directed to surrender before the trial Court, to serve the remaining sentence, if any, forthwith. Consequently, miscellaneous applications pending if any, shall also stand closed – Petition dismissed
JUDGMENT :
Cheekati Manavendranath Roy, J.
1. Both these Criminal Appeals arise out of the judgment dated 07.01.2013 rendered by the III Additional Sessions Judge, Nandyal, Kurnool District, in Sessions Case No. 245 of 2012, whereby the learned Additional Sessions Judge convicted accused No. 1 for the offence punishable under Sections 498-A and 304-B of the Indian Penal Code (for short "I.P.C.") and sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo imprisonment for one month for the offence punishable under Section 498-A IPC and sentenced him to undergo rigorous imprisonment for a period of seven years for the offence punishable under Section 304-B of IPC and ordered that both the sentences shall run concurrently. The learned Additional Sessions Judge acquitted accused Nos. 2 and 3 for the offences punishable under Sections 498-A, 302 r/w. 109 and 304-B r/w. 34 of IPC.
2. Accused No. 1 has preferred Criminal Appeal No. 25 of 2013 assailing judgment of conviction, and P.W. 1, father of deceased-Shaik Rizwana Begum, has preferred Criminal Appeal No. 148 of 2013 dissatisfied with the quantum of punishment imposed against accused No. 1 and also assailing the judgment of acquittal of accused Nos. 2 and 3. Since both the appeals arise out of the same judgment, they were heard together and are being disposed of by this common judgment.
3. Prefatory facts of the prosecution case relevant to dispose of these Criminal Appeals may be, stated as follows:
(a) Shaik Rizwana Begum (hereinafter referred as "the deceased") is the legally wedded wife of accused No. 1. Their marriage was solemnized about six years prior to the death of the deceased. Accused No. 2 is the mother and accused No. 3 is the sister of accused No. 1. At the time of marriage of accused No. 1 with the deceased, the parents of the deceased gave an amount of Rs. 5.00 Lakhs, 16 tolas of gold ornaments towards dowry to the accused as demanded by them. Out of lawful wedlock of accused No. 1 with the deceased, they begot two children. They lived happily only for short time after the marriage. Thereafter, accused No. 1, who is addicted to vices, particularly, consuming alcohol, started harassing the deceased by making illegal demand for additional dowry. He used to subject the deceased to torture at the instigation of accused Nos. 2 and 3 to bring additional dowry from her parents. Accused No. 1, who is unable to meet the expenses of his vices, used to pressurize his wife to bring additional dowry from her parents. The deceased used to inform her parents about her suffering in the hands of the accused, that accused No. 1 to 3 have been harassing her physically and mentally to bring additional dowry. Her parents used to pacify her and advise her to adjust with accused No. 1 in the interest of her marital life.
(b) As the accused continued to harass her with demand for additional dowry, panchayats were also held in the presence of the elders. The elders advised accused No. 1 to look after the deceased properly without making any such illegal demands and harassing her. Despite the advice of the elders, the accused continued to harass the deceased demanding her to bring additional dowry from her parents.
(c) While so, on 13.12.2011 at about 5.40 p.m. accused No. 1 picked up a quarrel with the deceased as she is not complying with his demand to bring additional dowry from her parents and he beat her. Accused No. 1 poured kerosene on her and set her ablaze. Thereafter, he went away from the house. Unable to bear the pain as she was engulfed in the flames, she raised cries. Accused No. 2, who is her mother-in-law, immediately tried to extinguish the fire on her. She shifted the deceased to the Government Hospital, Nandyal, and informed about the incident to the parents of the deceased. Immediately, her patents reached the Hospital.
(d) On the same day i.e. on 13.12.2011 at about 6.53 p.m. on
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