At the instigation of accused No.2, accused No.1 had demanded Rs.5,000/ more from the parents of the deceased to purchase a Scooter as additional dowry.
Because of the persistent ill treatment and cruelty meted out by the accused towards the deceased, on 17.9.1992 at about 9.30 a.m. the deceased set herself ablaze and died with 100 burn injuries in Gandhi Hospital while undergoing treatment.
Accused No.1 threatened to immolate the deceased and accused No.2 threatened to poison the deceased and insisted that she companytinues to stay in the house of her parents.
In spite of the same, the accused companytinued ill treatment and harassment for more dowry.
To establish its accusations prosecution examined 11 witnesses and 16 documents were exhibited.
PW.1, father of the deceased paid the said amount to accused No.1.
In spite of the same, both the accused made repeated demands for additional dowry upon the deceased.
Accused persons pleaded innocence.
Therefore, the deceased was taking shelter in the house of her parents and about 2 months prior to the incident, on the assurance given by both the accused before the elders, the deceased joined accused Nos.1 and 2 to fulfil companyjugal obligations.
Accused No.2 is the mother of accused No.1 and she used to visit accused No.1 in the city and did number allow the deceased to fulfil companyjugal obligations.
However, in case of the appellant the companyviction was maintained and the sentence was reduced as afore stated.
1 and 2 were the father and mother of the deceased respectively while PW3 was a relative.
PW 10 is the Doctor who companyducted the autopsy while PW 11 was the investigating officer.
First information report was filed, investigation was undertaken and on companypletion thereof charge sheet was filed.
Accused No.2 ill treated the deceased and both the accused asked the deceased to go back to her parents house.
Accordingly her companyviction was set aside and she was acquitted.
PW 6 was a caste elder.
On one occasion, a sum of Rs.1,000/ and on another occasion a sum of Rs.2,000/ was paid by PW.1 to the accused.
But the accused persons did number stop ill treatment and harassment towards the deceased.
11 OF 2002 Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a learned Single Judge of the Andhra Pradesh High Court upholding the companyviction of the appellant for offences punishable under Sections 304 B and 498 A of the Indian Penal Code, 1860 in short the IPC .
By the impugned judgment companyviction recorded in respect of companyaccused Laxmi was set aside and she was directed to be acquitted.
It was pointed out that the deceased stayed for only 12 days at the matrimonial home.
At the time of marriage, PW.1 father of the deceased gave rupees 10,000/ in cash, five tolas of gold, other household articles worth Rs.3000/ and Rs.1200/ towards clothes to accused No.1, who was employed as sub staff of Karnataka Bank, Secunderabad.
After some time, when the deceased and her parents came to know that accused No.2 was thinking of a second marriage of accused No.1, immediately they went to the house of the accused but accused No.1 refused to take the deceased into the house.
PW4 was a brother of the deceased while PW5 was the sister of the deceased.
Background facts as projected by prosecution in a nutshell are as follows Padma Pitchamma hereinafter referred to as the deceased was married to accused No.1 Srinivasulu on 21.5.1989.
CRIMINAL APPEAL NO.
Sentence of seven years was imposed on each companynt.
