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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
C. PRAVEEN KUMAR, B. KRISHNA MOHAN, JJ.
Jedda Venkatesh S/o Aseervadam – Appellant
Versus
The State Of A.P. – Respondent
Criminal Appeal No.893 of 2012
Decided on : 06-10-2021
Dowry Prohibition Act - Sections 3 and 4 - Indian Penal Code,1860 - Sections 307, 498A, 302 and 304B - Offence of Murder – Harassment - Appeal Against Conviction – Demand of Dowry - Marriage between accused and deceased took place about three years prior to death of deceased - At time of marriage a sum amount one wrist watch one gold ring worth amount were given to accused - Deceased was also presented with one pair of gold ear studs and one pair of silver anklets - After marriage deceased joined him - It is said that accused used to harass deceased both physically and mentally demanding her to get some more dowry - To meet his demands accused sent deceased to her parents house with a condition to bring further sum of as additional dowry - Expressed her inability to pay said sum as she is having four more daughters and getting meagre income - It is said that deceased stayed in their house for a period of one year and thereafter a week prior to incident accused came to house of PW.3 and took deceased promising to look after her well.
Finding of the court :
When deceased was in flames accused tried to put off same during which process he sustained burn injuries over his hands which is evident from evidence of doctor who treated him in Area Hospital - As stated earlier this statement was recorded between but contents of statement recorded by Magistrate is at variance to certain extent with regard to statement recorded by which formed basis for First Information Report - Variation relates to conduct of the accused at time of incident ensuing quarrel for not bringing additional dowry of amount before deceased pouring kerosene on herself - A joint reading of both dying declarations would clearly show that there was a quarrel before incident and then deceased with a view to threaten accused poured kerosene over herself - Act of pouring kerosene was by deceased herself - At that point of time accused who was in a drunken condition lit match stick and threw it on deceased and thereafter when the deceased was in flames accused made efforts to put off flames - In that process he also sustained burn injuries.
Result ; Appeal is Allowed
JUDGMENT:
(C. Praveen Kumar)
Heard Smt. A. Gayathri Reddy, learned Counsel appearing for the Appellant and Sri K. Srinivasa Reddy, learned Public Prosecutor for the State, through Blue Jeans video conferencing APP and with their consent, the appeal is disposed of.
1. Sole accused in Sessions Case No.357 of 2010 on the file of X Additional District and Sessions Judge (Fast Track Court), Guntur at Narasaraopet, is the Appellant herein. He was tried for offences punishable under Sections 302 and 304B of the Indian Penal Code [“I.P.C.”] for causing death of his wife Jedda Bhavani [ “deceased”] on 01.09.2009 at about 10:00P.M. in his house at Bobbala Srinivasarao, Jonnalagadda village. By its Judgment, dated 27.01.2012, the learned Sessions Judge convicted the accused under the said charges and sentenced him to suffer Rigorous Imprisonment for life and to pay fine of Rs.200/- in default to undergo simple imprisonment for one month, for the offence punishable under Section 302 IPC. However, no separate sentence is awarded for the offence punishable under Section 304B IPC.
2. The facts are as under:
ii) The marriage between the accused and the deceased took place about three years prior to death of the deceased. At the time of marriage, a sum of Rs.10,000/- one wrist watch, one gold ring worth Rs.3,000/- were given to the accused. The deceased was also presented with one pair of gold ear studs and one pair of silver anklets. After the marriage, the deceased Bhavani joined him. It is said that the accused used to harass the deceased both physically and mentally demanding her to get some more dowry. To meet his demands, the accused sent the deceased to her parents house with a condition to bring further sum of Rs.10,000/- as additional dowry. PW.3 expressed her inability to pay the said sum as she is having four more daughters and getting meagre income. It is said that the deceased stayed in their house for a period of one year; and thereafter a week prior to the incident, the accused came to the house of PW.3 and took the deceased promising to look after her well.
iii) On 01.09.2009, one Pullaiah, who is maternal uncle of the accused, telephoned PW.3 in the midnight, stating that some altercation took place between the accused and the deceased and then the deceased poured kerosene on herself and set herself on fire. On receiving the said information, PW.3 and other family members proceeded to Government General Hospital, Guntur where the deceased was admitted. When enquired, the deceased informed PW.3 that the accused used to abuse her as she was not able to bring additional dowry of Rs.10,000/- as demanded by him and insisted her to pour kerosene on herself. Due to that provocation, the deceased is said to have poured kerosene on herself. Then the accused lit a match stick and threw it on her resulting in burn injuries to her body. The deceased also informed PW.3 that when the accused tried to escape, the neighbours prevented him.
iv) PW.13, who was working as Head Constable in Narasaraopet I Town Police Station, received intimation from the hospital about admission of one Jadda Bhavani with burn injuries. Ex.P.13 is the said intimation received by him at 11:45 P.M. He then proceeded to the hospital, identified the injured with the help of Duty Doctor and recorded the statement of the injured at 12:00 in the midnight. He read over the contents of the statement to the injured and took her thumb impression. The Duty Doctor, who was present there through out, endorsed the mental condition of the injured as conscious and coherent to give statement. Ex.P.16 is the death statement. After returning to police station, PW.13 sent the hospital intimation and the statement of the injured to the Station House Officer, Narasaraopet Rural Police Station on the point of jurisdiction.
v) PW.9, who was working as II A
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