KUNDULA BALA SUBRAHMANYAM Vs. STATE OF ANDHRA PRADESH
LAWS(SC)-1993-3-108
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on March 26,1993

KUNDULA BALA SUBRAHMANYAM Appellant
VERSUS
STATE OF ANDHARA PRADESH Respondents





Cited Judgements :-

VIRAMJI MOHATJI THAKORE VS. STATE OF GUJARAT [LAWS(GJH)-2004-8-17] [REFERRED TO]
ASHISH CHATURVEDI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-8-32] [REFERRED TO]
STATE OF GUJARAT VS. KOLI CHUNILAL SAVJI [LAWS(GJH)-1996-6-14] [REFERRED TO]
TADE NALO VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2024-9-10] [REFERRED TO]
DHIREN MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2005-7-8] [REFERRED TO]
GAUTAM NAMA VS. STATE OF TRIPURA [LAWS(TRIP)-2013-4-1] [REFERRED TO]
BANBIR SINGH VS. STATE OF UTTARANCHAL [LAWS(UTN)-2006-5-11] [REFERRED TO]
STATE OF H.P. VS. PRITHI CHAND [LAWS(HPH)-2010-7-226] [REFERRED TO]
RAJU AND ORS. VS. THE STATE OF KARNATAKA [LAWS(KAR)-2015-10-66] [REFERRED TO]
BASITH VS. STATE [LAWS(MAD)-1996-12-23] [REFERRED TO]
KARTAR SINGH VS. STATE OF HARYANA [LAWS(P&H)-1997-4-44] [REFERRED TO]
LIYAKAT ALI VS. STATE [LAWS(RAJ)-2009-2-104] [REFERRED TO]
MADAN S/O HAZARI VS. STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR [LAWS(RAJ)-2017-7-156] [REFERRED TO]
BANDANA PATRA VS. STATE OF TRIPURA [LAWS(GAU)-2012-3-14] [REFERRED TO]
STATE OF H P VS. RAJ KUMAR [LAWS(HPH)-2017-10-78] [REFERRED TO]
ANIL SUTRADHAR VS. STATE OF TRIPURA [LAWS(GAU)-2013-3-17] [REFERRED TO]
MANOJ S/O MATHAI VS. STATE OF KERALA REP BY PUBLIC PROSECUTOR [LAWS(KER)-2017-12-131] [REFERRED TO]
CHINTOO VS. STATE OF U. P. [LAWS(ALL)-2023-5-163] [REFERRED TO]
PREM NATH YADAVA VS. STATE OF U.P. [LAWS(ALL)-2022-1-90] [REFERRED TO]
SUDHA VS. STATE OF U.P. [LAWS(ALL)-2021-11-115] [REFERRED TO]
BALAJI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-4-173] [REFERRED TO]
NARA MANOHARA RAO VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1997-6-69] [REFERRED TO]
NAZRULLA KHAN VS. STATE OF KARNATAKA [LAWS(KAR)-2022-6-1477] [REFERRED TO]
STATE OF CHHATTISGARH VS. MURLIDHAR AGRAWAL [LAWS(CHH)-2012-6-52] [REFERRED TO]
SHAILESH MAHADEORAO GAWAI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-4-9] [REFERRED TO]
ABHISHEK SHARMA VS. STATE [LAWS(DLH)-2010-5-29] [REFERRED TO]
CHANDER SHEKHAR ALIAS SHEKHAR VS. STATE OF NCT OF DELHI [LAWS(DLH)-2011-7-160] [REFERRED TO]
KANHAIYA NISHAD, VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-10-1] [REFERRED TO]
BHARAT KUMAR TRIBHOVANDAS VS. STATE OF GUJARAT [LAWS(GJH)-1998-1-44] [REFERRED TO]
BIRJU CHOWTAL VS. THE STATE OF ASSAM [LAWS(GAU)-2013-9-92] [REFERRED TO]
MANI @ MANIKANDAN VS. STATE [LAWS(MAD)-2019-4-978] [REFERRED TO]
DILAWAR SINGH AND ORS. VS. STATE OF PUNJAB [LAWS(P&H)-2016-3-5] [REFERRED TO]
KAMAL SHAH VS. STATE, REP. BY INSPECTOR OF POLICE, GRAND BAZAAR POLICE STATION, PONDICHEERY [LAWS(MAD)-2001-4-143] [REFERRED TO]
JANARDHAN DEBNATH VS. THE STATE OF TRIPURA [LAWS(TRIP)-2015-7-72] [REFERRED TO]
NEPAL SINGH VS. STATE OF TRIPURA [LAWS(TRIP)-2016-9-28] [REFERRED]
DHARAMBIR VS. STATE [LAWS(DLH)-2011-7-398] [REFERRED TO]
JOGENDRA SINGH ALIAS JOGENDRA KUMAR VS. STATE [LAWS(RAJ)-2003-5-30] [REFERRED TO]
RAJESH BHATNAGAR VS. STATE OF UTTARAKHAND [LAWS(SC)-2012-5-28] [REFERRED TO]
RAJ KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-1999-8-21] [REFERRED]
PRADEEP KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2000-1-3] [REFERRED]
BHIM SINGH VS. STATE OF H.P. [LAWS(HPH)-2001-1-24] [REFERRED TO]
SHYAM LAL VS. STATE OF H.P. [LAWS(HPH)-2003-3-34] [REFERRED TO]
STATE OF H P VS. KULDEEP SINGH [LAWS(HPH)-2010-7-177] [REFERRED TO]
STATE OF H P VS. RAJINDER KUMAR [LAWS(HPH)-2012-7-137] [REFERRED TO]
GIRISH CHANDRA BARMAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-9-104] [REFERRED TO]
JAGAT TARAN CHAKRABORTY VS. STATE [LAWS(CAL)-2011-1-98] [REFERRED TO]
SHIB SANKAR DEBNATH @ SUBIR DEBNATH VS. STATE OF TRIPURA [LAWS(TRIP)-2017-3-5] [REFERRED TO]
RAJENDRA SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1995-5-2] [REFERRED TO]
VISHUNU VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-6-92] [REFERRED TO]
MAMTA VS. STATE OF HARYANA [LAWS(P&H)-2002-4-18] [REFERRED TO]
STATE OF PUNJAB VS. SUKHDEV RAJ [LAWS(P&H)-2008-1-81] [REFERRED TO]
SUGUNA VS. STATE [LAWS(MAD)-2024-10-93] [REFERRED TO]
VARGHESE @ VARKEY, C. NO. 7226, CENTRAL PRISON, THIRUVANANTHAPURAM VS. STATE OF KERALA [LAWS(KER)-2018-4-241] [REFERRED TO]
STATE OF KERALA VS. KANNAN [LAWS(KER)-2002-12-59] [REFERRED TO]
BANBIR SINGH VS. STATE OF UTTARANCHAL [LAWS(ALL)-2006-5-329] [REFERRED TO]
BHOLA SHA ALIAS BHOLA SAH VS. STATE OF ASSAM [LAWS(GAU)-2005-2-4] [REFERRED TO]
NANTU MAJUMDER VS. STATE OF TRIPURA [LAWS(GAU)-2012-7-65] [REFERRED TO]
VARINDER SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-3-15] [REFERRED TO]
M VENKATA RAMANA VS. STATE OF A P [LAWS(APH)-2004-6-10] [REFERRED TO]
SAVALAM SURANNA DORA VS. STATE [LAWS(APH)-2003-7-69] [REFERRED TO]
LANKE MOHANA RAO VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2016-4-28] [REFERRED TO]
PRITI DEVI VS. STATE OF U P [LAWS(ALL)-2019-9-187] [REFERRED TO]
SUNIL S/O DEORAO DHAWALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-1-359] [REFERRED TO]
RAJENDRA KUMAR VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1996-3-2] [REFERRED]
SHIVAJI VEDU SALUNKE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2000-4-2] [REFERRED TO]
THE STATE ( NCT OF DELHI) VS. RAMESH CHAND & ORS [LAWS(DLH)-2016-2-366] [REFERRED TO]
PRITHWISH CHOWDHURY VS. STATE OF WEST BENGAL [LAWS(CAL)-2006-9-47] [REFERRED TO]
SURENDRA BENGALI @ SURENDRA SINGH ROUTELA VS. STATE OF BIHAR [LAWS(JHAR)-2009-6-16] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. DHARAM SINGH [LAWS(HPH)-2015-2-19] [REFERRED TO]
JARAM SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-1999-12-26] [REFERRED TO]
PARDEEP KUMAR VS. STATE OF H.P. [LAWS(HPH)-2000-1-14] [REFERRED TO]
MANOJ SAHA VS. STATE OF ASSAM [LAWS(GAU)-2005-3-50] [REFERRED TO]
BABUL RABI DAS VS. STATE OF TRIPURA [LAWS(GAU)-2012-5-36] [REFERRED TO]
KOLLURI ESWARARAO VS. STATE BY ITS PUBLIC PROSECUTOR [LAWS(APH)-2010-12-86] [REFERRED TO]
State of M.P. VS. Mohanlal [LAWS(MPH)-1996-5-67] [REFERRED TO]
SANTOSH DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-4-93] [REFERRED TO]
SAMAD SK VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-5-78] [REFERRED TO]
LAXMI VS. OM PRAKASH [LAWS(SC)-2001-7-46] [REFERRED]
AMOL SINGH VS. STATE OF M P [LAWS(SC)-2008-5-239] [REFERRED TO]
SANTOSH, SON OF CHAMANLAL RAI VS. STATE OF M P [LAWS(MPH)-2011-11-141] [REFERRED]
HIMMAT SINGH VS. STATE [LAWS(MPH)-2003-3-46] [REFERRED TO]
JAGBIR SINGH VS. STATE (NCT OF DELHI) [LAWS(SC)-2019-9-11] [REFERRED TO]
STATE OF U.P. VS. VEERPAL [LAWS(SC)-2022-2-1] [REFERRED TO]
MUKESH AND ANOTHER VS. STATE FOR NCT OF DELHI AND OTHERS. [LAWS(SC)-2017-5-43] [REFERRED TO]
BHAGWAN SINGH VS. STATE OF M.P. [LAWS(MPH)-2017-12-69] [REFERRED TO]
KASHIRAM @ TAPPA VS. STATE OF M.P. [LAWS(MPH)-2017-12-333] [REFERRED TO]
BILLA MURALI VS. STATE OF A.P. [LAWS(APH)-2014-1-136] [REFERRED TO]
LOKENDRA SINGH & ORS VS. STATE OF MP [LAWS(MPH)-2018-7-108] [REFERRED TO]
KASHI RAM KORI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-12-23] [REFERRED TO]
UTTAM DAS VS. STATE OF TRIPURA [LAWS(GAU)-2009-3-14] [REFERRED TO]
S.H. KAPCHEMA VS. STATE OF MIZORAM [LAWS(GAU)-2011-11-61] [REFERRED TO]
KANU DEBNATH VS. STATE OF TRIPURA [LAWS(GAU)-2012-7-72] [REFERRED TO]
STATE OF MAHARASHTRA VS. ABDUL SALIM [LAWS(BOM)-2019-2-234] [REFERRED TO]
SHYAM KUMAR SINGH VS. STATE OF U P [LAWS(ALL)-1993-8-37] [REFERRED TO]
RAJENDRA RAMDAS VS. STATE OF MAHARASHTRA [LAWS(SC)-2024-5-53] [REFERRED TO]
ANIL KATOCH VS. STATE OF H.P. [LAWS(HPH)-2004-10-46] [REFERRED TO]
STATE OF H P VS. KRISHAN LAL S/O KESHAV RAM [LAWS(HPH)-2012-5-268] [REFERRED]
DEV SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-2-268] [REFERRED TO]
CHURCHIL JOHN WESLEY RAJ VS. DEPUTY SUPERINTENDENT OF POLICE [LAWS(MAD)-2012-7-12] [REFERRED TO]
HADI-UJ-ZAMAN VS. STATE OF ASSAM [LAWS(GAU)-2013-3-8] [REFERRED TO]
RAMESH CHAND ALIAS RODU VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2002-6-27] [REFERRED TO]
CHAND AWASTHI VS. STATE OF H P AND OTHERS [LAWS(HPH)-2000-6-24] [REFERRED]
BHAG NARGU VS. STATE OF H.P. [LAWS(HPH)-2005-3-52] [REFERRED TO]
SACHIN VS. STATE OF KARNATAKA [LAWS(KAR)-2014-6-165] [REFERRED TO]
BASISTHA PANDA VS. STATE OF ORISSA [LAWS(ORI)-2015-12-4] [REFERRED TO]
STATE REP. BY, INSPECTOR OF POLICE VS. GUNA @ GUNASEKARAN [LAWS(MAD)-2014-11-67] [REFERRED TO]
DILIP SINGH AND ANR. VS. STATE OF RAJASTHAN [LAWS(RAJ)-1996-8-91] [REFERRED TO]
SRI SUKHA RANJAN DAS VS. THE STATE OF TRIPURA [LAWS(TRIP)-2019-3-5] [REFERRED TO]
SUBRATA MAJUMDER VS. STATE OF TRIPURA [LAWS(TRIP)-2019-4-64] [REFERRED TO]
LAKHAN VS. STATE OF MADHYAPRADESH [LAWS(SC)-2010-8-24] [REFERRED TO]
SANDEEP AND ORS. VS. STATE OF HARYANA [LAWS(SC)-2015-5-69] [REFERRED TO]
RAJA @ RAJINDER VS. STATE OF HARYANA [LAWS(SC)-2015-4-21] [REFERRED TO]
Kandan ALIAS Mayil Kandan VS. State [LAWS(MAD)-2003-8-49] [REFERRED TO]
Umasankar ALIAS Sankar VS. State of Tamilnadu [LAWS(MAD)-2003-8-58] [REFERRED TO]
BHARAT SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2009-1-60] [REFERRED TO]
AJJI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-7-35] [REFERRED TO]
PANCHDEO SINGH VS. STATE OF BIHAR [LAWS(PAT)-1999-9-69] [REFERRED TO]
UTPAL NATH VS. STATE OF ASSAM [LAWS(GAU)-2005-4-34] [REFERRED TO]
RATAN CHANDU DHAWALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-5-83] [REFERRED TO]
JITENDER ALIAS VIKASH ALIAS ALLU VS. STATE OF DELHI [LAWS(DLH)-2023-6-81] [REFERRED TO]
VACHASPATI VS. STATE OF U.P. [LAWS(ALL)-2014-2-5] [REFERRED TO]
RAHUL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-10-69] [REFERRED TO]
ANEES VS. STATE OF U.P. [LAWS(ALL)-2023-2-55] [REFERRED TO]
SMT. BRAHMADEVI VS. STATE OF U.P. [LAWS(ALL)-2019-5-437] [REFERRED TO]
NANIBEN AND ORS. VS. STATE OF GUJARAT [LAWS(GJH)-2015-1-77] [REFERRED TO]
RAKESH BABULAL PATEL AND ORS. VS. STATE OF GUJARAT [LAWS(GJH)-2015-1-78] [REFERRED TO]
ALTAFBHAI (ABDUS) SATTARBHAI DERAIYA VS. STATE OF GUJARAT [LAWS(GJH)-2015-4-151] [REFERRED TO]
MADHUKAR KAUTIK BAVISKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-3-90] [REFERRED TO]
BHAIRAB CHAKRABORTY VS. STATE OF WEST BENGAL [LAWS(CAL)-2017-6-24] [REFERRED TO]
CHAMPAKBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2002-1-27] [REFERRED TO]
KARSHANBHAI HANSJIBHAI KOTWADIYA VS. STATE OF GUJARAT [LAWS(GJH)-2018-4-111] [REFERRED TO]
GAJANAN KALIPURI PURI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-6-31] [REFERRED TO]
BABLU ANSARI VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-11-47] [REFERRED TO]
STATE VS. AJAY KUMAR SINGH [LAWS(DLH)-1997-8-83] [REFERRED]
STATE OF GUJARAT VS. VANIYA MUKESHKUMAR JETHALAL [LAWS(GJH)-2024-10-44] [REFERRED TO]
RAM BETI VS. STATE [LAWS(ALL)-1995-12-37] [REFERRED TO]
SHERA AND 2 OTHERS VS. STATE OF U P [LAWS(ALL)-2018-12-23] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SANJEEV KUMAR [LAWS(HPH)-2016-8-305] [REFERRED TO]
JIBAN DAS VS. STATE OF TRIPURA [LAWS(GAU)-2012-4-55] [REFERRED TO]
BITTA ALIAS BITU VS. STATE OF PUNJAB [LAWS(P&H)-2017-12-219] [REFERRED TO]
RATHEESH VS. STATE OF KERALA [LAWS(KER)-2024-11-3] [REFERRED TO]
SUBRATA MAJUMDER VS. STATE OF TRIPURA [LAWS(TRIP)-2019-5-11] [REFERRED TO]
STATE VS. ALI HUSSAIN AND ORS. [LAWS(DLH)-2015-3-415] [REFERRED TO]
AJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1998-1-27] [REFERRED TO]
GURPREET SINGH VS. STATE OF HARYANA [LAWS(SC)-2002-9-130] [REFERRED]
STATE OF HIMACHAL PRADESH VS. BHAGAL CHAND [LAWS(HPH)-2013-10-23] [REFERRED TO]
RAJINDER KUMAR VS. STATE OF H.P. [LAWS(HPH)-2013-10-62] [REFERRED TO]
PUNAMBHAI RAMJIBHAI PATANI VS. STATE OF GUJARAT [LAWS(GJH)-2015-2-115] [REFERRED TO]
Badri Prasad VS. State of M. P. [LAWS(MPH)-1993-7-40] [REFERRED TO]
RANJANBEN RAMANBHAI RATHOD VS. STATE OF GUJARAT [LAWS(GJH)-2013-7-590] [REFERRED TO]
VIJAI & ANOTHER VS. STATE OF U P [LAWS(ALL)-2018-11-143] [REFERRED TO]
RAM GOPAL VS. STATE OF U.P. [LAWS(ALL)-2022-11-26] [REFERRED TO]
BRIJESH KAUSHAL VS. STATE OF U.P. [LAWS(ALL)-2021-12-92] [REFERRED TO]
SUNITA SURESH GAIKWAD VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2018-12-258] [REFERRED TO]
STATE OF H.P. VS. CHUNI LAL AND OTHERS [LAWS(HPH)-2016-5-124] [REFERRED TO]
STATE OF KERALA VS. RAJAYYAN [LAWS(KER)-1994-9-33] [REFERRED TO]
DHIRENDRA NATH DAS VS. STATE OF ASSAM [LAWS(GAU)-2021-7-14] [REFERRED TO]
STATE OF RAJASTHAN VS. KISHORE [LAWS(SC)-1996-2-37] [REFERRED TO]
SHAILESHBHAI VS. STATE OF GUJARAT [LAWS(SC)-2014-8-67] [REFERRED TO]
RAMESH CHAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2002-5-6] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. MANOHAR LAL SON OF LATE SHRI BAKSHI RAM, R/O VILLAGE DHATOLI, POLICE STATION AND TEHSIL SARKAGHAT, DISTT. MANDI, H.P. [LAWS(HPH)-2012-7-341] [REFERRED TO]
STATE OF TRIPURA VS. PRADIP DEBNATH [LAWS(TRIP)-2015-8-1] [REFERRED TO]
SUBRATA MAJUMDER VS. STATE OF TRIPURA [LAWS(TRIP)-2019-5-4] [REFERRED TO]
ASHOK SON OF BHANWAR LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-1996-9-69] [REFERRED TO]
GURPREET SINGH VS. STATE OF HARYANA [LAWS(P&H)-2000-7-88] [REFERRED TO]
NATTI BAI W/O CHHITTAR LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-2-39] [REFERRED TO]
UTTAM VS. STATE OF MAHARASHTRA [LAWS(SC)-2022-6-17] [REFERRED TO]


JUDGEMENT

Dr. ANAND, J. - (1.)The curse of dowry has claimed yet another victim. Kundula Bala Subrahmanyam, the husband of the deceased-Kundula Koti Nagbani and his mother Kundula Annapurna (mother-in-law of the deceased) have filed this appeal under S. 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 against the judgment of the High Court of Andhra Pradesh, Hyderabad, dated 25-6-1985, setting aside the judgment of acquittal passed by the Sessions Judge, East Godavari Division and convicting both the appellants for an offence under S. 302/34, IPC and sentencing each of them to suffer imprisonment for life.
(2.)On 23rd of August, 1981, between 12-30 - 1.00 p.m. on hearing screams and cry of deceased-Kundula Koti Nagbani, at that time aged about 18 years, Pulapa Lakshmi PW 2, Vempati Paparao P.W. 3 and Vempati Radha PW 4; rushed to the house of the appellant and found both the appellants along with the father of appellant No. 1 (father-in-law of the deceased) hurriedly coming out of the kitchen while the deceased was lying on the floor engulfed in flames. Since, the appellants or the father-in-law of the deceased were making no attempts to put off the flames, PW 2 asked appellant No. 1 to give her something so that she could extinguish the fire. He, however, did not respond. She then requested first appellants father to give something to her so that the fire could be put off. The father of appellant No. 1 enquired if he should get a bucket of water. PW 2, thereupon, requested him to give either a bed-sheet or a blanket. The father of appellant No. 1 then brought out a bed sheet (Bontha) from the cot and as he was passing it on to PW 2, the mother-in-law of the deceased, appellant No. 2, told her husband not to give the bontha to PW 2. PW 2, in the meanwhile, took the bontha from the father of the first appellant and tried to extinguish the fire. The deceased turned her aside. She was alive. The deceased asked PW 2 for some water. Since, the petticoat of the deceased was burning, PW 3, the father of PW 2, who had also rushed along with her to the house of the appellant broke the thread of the petticoat to save her from further burning and threw away the burning garment. In the process, he also received some burn injuries. PW 2 poured water into the mouth of the deceased and enquired from her as to what had happened. The deceased told her that "her mother-in-law had poured kerosene over her and her husband had set fire to her". The deceased again felt thirsty and asked for more water which was again given to her by PW 2. The above statement made by the deceased to PW 2 was overheard by PW 3 and some others, who had also reached on hearing the cries. Vempati Nagabhushanam PW 5, another immediate neighbour of the appellants living only about 2 yards away also heard the cries of the deceased and rushed to the house of the appellant. He noticed PW 3 was pulling out the petticoat of the deceased while PW 2 was attempting to extinguish fire. He saw PW 2 pouring water into the mouth of the deceased. He also heard the statement made by the deceased to PW 2 about the manner in which she had been set on fire. PW 5 thereupon went away to inform the maternal uncle of the deceased at Malakapalli. On the way he met one Ramakrishna coming on a motor-cycle and at his request Ramakrishna gave him a ride to Malakapalli. On reaching the house of the maternal uncle of the deceased, they found the brother of the deceased Vempati Sreerama Krishan Sreeram PW 1 was also present there. He conveyed to them the information regarding the burning of the deceased and also what he had heard the deceased telling PW 2. Ramarao and PW 1 then went on the same motor-cycle to Dharmavaram. PW 1 reached the house of the appellant and saw a number of persons including PWs 2 and 3 gathered there. The deceased was lying on the floor and at that time she had no clothes on her. He noticed that she had received burn injuries from her breasts downwards to her legs. On seeing her plight, PW 1 started crying and hitting his head against a pillar. When the deceased noticed that PW 1 had come, she asked PW 2 to call her brother PW 1 inside. PW 2 thereupon went out and brought PW 1 to the kitchen where the deceased took the palm of PW 1 into her own palms and told him in Hindi "please tell mother and father as I am telling you. My mother-in-law poured kerosene on me and my husband set fire. You tell father and mother about this. Dont fight. Anyhow I am dying." She also told her brother PW 1 to take back the cash given to her and divide it amongst the sisters in equal share and get them married off to nice persons. At this juncture, the first appellant, husband of the deceased came inside the kitchen and with folded hands begged the deceased for forgiveness saying that he would not repeat what he had done and therefore he may be pardoned. PW 1 got wild and caught hold of the neck of the first appellant. PW 2 and PW 3 rushed towards them and released the first appellant from the hold of PW 1 and sent PW 1 to another uncles house and told the uncle that since PW 1 was in an agitated mood he should take care of him. Within an hour, however, PW 1 went back to the house of the deceased and by that time, a local Doctor PW 6, Dr. R. Radhakrishnamurthy had arrived at the house and was giving first-aid to her and she was lying on a cot in the verandah. PW 6 at about 3.30 p.m. advised the removal of the deceased to the Government Hospital at Kovvur. A matador van was Secured and at about 4.30 p.m. PW 1, Ramarao, his maternal uncle, the wife of Ramarao and some other neighbours took the deceased to the Government Hospital at Kovvur in the matador van reaching there at about 5 p.m. At about 5.30 p.m., Dr. K. Parameshwaradas PW 9 examined the deceased and declared her dead. PW 1 thereupon went to the police station which is adjacent to the hospital alongwith his uncle and lodged the report Ex. P4 with the Head Constable Md. Navabjani PW 12. A case under S. 302, IPC was registered and information was sent to Inspector of Police G. Scendavce Rao PW 14 on telephone. After collecting a copy of the FIR, PW 14 proceeded to the Government Hospital and from there went to the scene of occurrence. He seized M. Os. 1 to 3, drew the site plan of the scene of occurrence and examined PWs 1 to 5 and PW 9 at Dharamvaram. He also held the inquest proceedings from 6.30 a.m. to 8.30 a.m. on August 24, 1981 and after getting the post-mortem conducted handed over the dead-body to the family of the deceased. PW 9 Dr. K. Parameswaradas who conducted the post-mortem examination in his report Ex. P18 noted extensive burns to the extent of 90% on the body of the deceased and opined that the deceased had died due to the extensive burns all over the body and that the injuries were sufficient in the ordinary course of nature to cause death. During the investigation, the investigating officer made a request for the preservation of viscera of the deceased so that it could be sent for chemical examination, as according to the statement of PW 6, the deceased had allegedly told him that she had consumed dettol to commit suicide and since she could not bear the pain she had set herself on fire. The report of the chemical examiner Ex. P 16, however, revealed that no poison was detected and that the death had been caused due to extensive burns. Further investigation into the case was carried out by Md. Baduruddin PW 15, Inspector of the Crime Branch. During the investigation, the father of the deceased Venkataramana handed over letters Exs. P 1-P3 to the investigating officer. Both the appellants had made themselves scarce and were not found in the village when search for them was made by the investigating officer. The first appellant surrendered in the court on 10-11-1981 while the second appellant surrendered in the court on 7th of December, 1981.
(3.)After the investigation was over, challan was filed and both the appellants were sent up for trial in the Court of Sessions Judge East Godavari Division at Rajahmundry.


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