JUDGMENT :

(G. Anupama Chakravarthy, J.)

This appeal is arising out of the judgment dated 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 Sections 304-B, 302 r/w.Sec.34, 201 of IPC and under Sections 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 Sections 304-B of IPC and Sections 3 and 4 of the Dowry Prohibition Act, but convicted him for the offences punishable under Sections 302 and 201 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5,000/- for the offence under Section 302 of IPC, and further sentenced the appellant to undergo imprisonment for three years and also to pay a fine of Rs.5,000/-for the offence punishable under Section 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 20.03.2011 and at the time of marriage, the parents of the deceased gave Rs.1,50,000/- cash, gold pustelathadu weighing 2½ tulas, gold kammalu with buttalu weighing 1½ 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 24/25.03.2011, 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/- 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 15.04.2011 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.

4. Basing on the report of PW-13/village Sarpanch, a fire engine was sent and a case was registered under Section 174 of Cr.P.C., vide Crime No.35 of 2011 on the file of Pulkal Police Station. Pursuant to the FIR, a requisition was made by the Police to the Executive Magistrate to conduct inquest over the dead body of the deceased. During the course of inquest, the father of the deceased i.e. PW-1 gave a petition to the Inspector of Police and based on it, the Section of Law was altered from 174 Cr.P.C. to Sections 302, 304-B and 498-A of IPC. Later, the dead body of the deceased was sent for postmortem examination to the Government hospital, Jogipet and PW-16/Doctor conducted autopsy over the dead body and issued Ex.P-11/postmortem report, opining the cause of death as asphyxia due to strangulation and hemorrhagic shock due to penetrating injuries to vital organs. After completion of investigation, the Sub-Divisional Police Officer, Medak, filed charge sheet against A-1 to A-3 for the offences punishable under Sections 304-B, 302 r/w.Sec.34, 201 of IPC and under Sections 3 and 4 of the Dowry Prohibition Act.

5. During the course of trial, charges are framed against A-1 to A-3 for the offences under Sections 304-B, 302 r/w. 34 and 201 of IPC and also for the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act and the same were denied by all the accused and claimed to be tried. On behalf of the prosecution, PWs.1 to 21 were examined and Exs.P-1 to