href="javascript:fnCitation('MANU/SC/0558/1999');">MANU/SC/0558/1999

True Court CopyTM EnglishACR

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1175 of 1998

Decided On: 13.09.1999

Appellants: Paparambaka Rosamma and Ors. Vs. Respondent: State of Andhra Pradesh

Hon'ble Judges/Coram:
S.P. Kurdukar, K.T. Thomas and N. Santosh Hegde

JUDGMENT

S.P. Kurdukar, J.

1. The three appellants, namely, Paparambaka Rosamma (A-1), Baduru Sashi @ Sashikala (A-2) and Baduru Venkatesarlu (A-3) have filed this criminal appeal after obtaining the leave of this Court, challenging the legality and correctness of the judgment and order of conviction for offences punishable under Sections 498-A, 302 and 302/114 IPC passed by the Andhra Pradesh High Court, Hyderabad. Originally A-1 to A-3 and acquitted accused A-4 were put up for trial for the aforesaid offences. The appellants, the acquitted accused and Venkata Ramana (since deceased) are closely related to each other. A-1 is the maternal grand mother of Venkata Ramana, A-2 is the daughter of A-1 and is married to A-3. A-4 is the son of A-1. A-4 was married to Venkata Ramana and he happened to be the real maternal uncle of Venkata Ramana. A-3 is also the son of sister of A-1.

2. The marriage between A-4 and Smt. Venkata Ramana was solemnised some time in 1990 and since then she was residing at her matrimonial home. A-4 was working as a coolie in a steel company and had constructed a thatched hut at Tenali. The hut of parents of Smt. Venkata Ramana was situated at a short distance from the hut of A-4 at Tenali. A-2 and A-3 after their marriage had come to stay with A-1. It was not liked by Smt. Venkata Ramana and, therefore, she was instigating A-4 to live separately or A-2 and A-3 should be asked to leave the hut. It is the prosecution case that A-2 and A-3 were residing in a separate portion in the same hut. It is then alleged by the prosecution that there used to be frequent quarrels between Smt. Venkata Ramana on one side and A-1 to A-4 on the other as Smt. Venkata Ramana was insisting that she should stay along with her husband separately. A-1 to A-4 were not prepared to concede to her demand and as a result thereof, they meted out ill treatment to Smt. Venkata Ramana. It has come on record that Smt. Venkata Ramana on the earlier occasion tried to commit suicide, but, however, failed in her attempt.

3. The incident in question which gave rise to the present prosecution occurred on March 4, 1994 at about 12.30 noon. It is alleged by the prosecution that when Smt. Venkata Ramana was in her hut, A-2 and A-3 came there and picked up a quarrel with Smt. Venkata Ramana. A-2 and A-3 then at the instigation of A-1, poured kerosene on Smt. Venkata Ramana and thereafter they threw a lighted matchstick on her. Within a short time, the clothes of Smt. Venkata Ramana caught fire. A-3 then poured the water and tried to extinguish the fire. The injured was then taken to the government hospital at Tenali where Dr. K. Vishnupriya Devi (PW 10) examined her and found to be in a serious condition. She sent a requisition to K. Lakshmana Rao (PW 13), the Addl. Munsiff Magistrate, Tenali, for recording the