T. Amarnath Goud, J. - (1.)Alleged to have caused the death of his own wife, the Sessions Judge at Mahabubnagar, by its judgment dated 12.07.2012, in S.C.No.605 of 2010, has convicted the accused, Mohammed Muneer, for offences under Sections 498-A and 302 of the Indian Penal Code (IPC). For the offence under Section 302 IPC, the accused has been sentenced to life imprisonment, and imposed with a fine of Rs.1,000/-, and in default, to undergo a simple imprisonment for three months; for the offence under Section 498- A IPC, he has been sentenced to rigorous imprisonment for one year, imposed with a fine of Rs.500/-, and in default, to undergo a simple imprisonment for 45 days. It was further ordered that both the sentences and default sentences shall run concurrently. The accused has challenged the said conviction and sentence before this Court.
(2.)Briefly stated, the facts of the case are that on 03.06.2010 at about 7.30 pm., Mohd. Osman (P.W.1), the father of the deceased, Ghousia Begum, lodged a complaint (Ex.P.1) before the Police Station, Mahabubnagar II Town, wherein he stated that he has performed the marriage of his third daughter, Ghousia Begum (hereinafter, referred to as the deceased), with the accused. Four to five years prior to the death of the deceased, the accused started harassing her physically and mentally and used to beat her. On the demand of the accused, he also paid certain amounts to the accused expecting that the accused would change his attitude towards the deceased, but he did not change. While so, on 02.06.2010 at about 12:30 am., he got information that the accused picked up quarrel with the deceased, and beat her mercilessly, due to which, she poured kerosene on her body and set fire to herself. Immediately, P.W.2, the son of P.W.1, went to the house of the deceased to save her. But at that time, he was beaten by the accused, as a result of which, P.W.2 sustained injury on his hand. However, P.W.2 shifted the deceased to the Government Headquarters Hospital, Mahabubnagar for treatment.
(3.)On the strength of the complaint, the Sub-Inspector of Police, Mahabubnagar II Police Station (P.W.9), registered a case in Crime No.110/2010 for the offences punishable under Sections 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. Subsequently, on receipt of information that while undergoing treatment, the deceased died on 07.06.2010 at 8.00 pm, P.W.9 altered section of law to Sections 498-A and 306 IPC. He proceeded to the hospital, and he recorded the statements of blood relatives of the deceased including P.W.1. P.W.9 arrested the accused on 11.06.2010. On 24.06.2010, while investigation was in progress, dying declaration of the deceased (Ex.P.6) was received by P.W.9, wherein she stated that the accused set fire to the deceased, after she poured kerosene. Then P.W.9 again altered section of law to Sections 498-A and 302 IPC. As the offences were grave in nature, further investigation was taken up by the Circle Inspector of Police (P.W.10). On the strength of the evidence collected during the course of investigation, P.W.10 filed the charge sheet. The accused was charged for offences under Sections 498-A and 302 IPC.