BOYA RAMESH Vs. STATE OF A P
LAWS(APH)-2019-3-68
HIGH COURT OF ANDHRA PRADESH
Decided on March 20,2019

Boya Ramesh Appellant
VERSUS
STATE OF A P Respondents




JUDGEMENT

Sanjay Kumar, J. - (1.)By judgment dated 01.07.2013 passed in Sessions Case No.499 of 2011, the learned III Additional District & Sessions Judge, Gadwal, held A1 guilty under Sec. 302 Penal Code and acquitted A2 and A3 of charges under Sections 498-A, 304-B and 302 Penal Code read with Sec. 4 of the Dowry Prohibition Act, 1961. A1 was sentenced to life imprisonment and levied with a fine of Rs.15,000.00. In default of payment of the fine, he was to suffer simple imprisonment for a period of six months. The fine amount was directed to be invested in a fixed deposit in a nationalized bank and paid to Lavanya, aged about 3 years, the daughter of A1 and the deceased, as compensation under Sec. 357(1) CrPC, upon her attaining majority. Aggrieved by his conviction and the sentence imposed, A1 is in appeal under Sec. 374(2) CrPC.
(2.)The charges framed against A1 and the other accused read thus:
'FIRSTLY:- That you accused Nos 1 to 3, you accused No.1 being the husband, you accused No.2 being mother-in-law, you accused No.3 being sister-in-law of the deceased Boya Sandya after the marriage of you accused No.1 with the deceased, subjected the deceased to cruelty by demanding additional dowry amount of Rs.30,000.00 and tortured the deceased that female child was born to her and suspecting the character of the deceased and that you thereby committed an offence punishable under section 498-A Penal Code and within my cognizance.

SECONDLY:- That you accused Nos 1 to 3, you accused No.1 being the husband, you accused No.2 being the mother-in-law and you accused No.3 being the sister-in-law of the deceased Boya Sandhya on or about 2-5-2-11 at about 6-00 AM at the house of you accused No.1 at Bureddipally village caused the death of Smt.Boya Sandhya by burns that her death occurred within seven years after marriage, that she was subjected to cruelty and harassment in your hands in connection with demand for additional dowry amount and that you thereby committed an offence punishable under section 304-B Penal Code and within my cognizance.

THIRDLY: That you accused No.1 on or about 2-5-2011 at about 6-00 AM at your house at Bureddipally village committed murder intentionally causing death of Boya Sandhya by pouring kerosene on her and setting her fire and she succumbed to burns on 7-5-2011 while undergoing treatment and that you thereby committed an offence punishable under section 302 Penal Code and within my cognizance.

FOURTHLY: That you accused Nos 1 to 3, after the marriage of you accused No.1 with Boya Sandhya which took place about one and half years ago from 7-5-2011 demanded her additional dowry amount of Rs.30,000.00 and that you accused Nos 1 to 3 thereby committed an offence punishable under section 4 of the Dowry Prohibition Act and within my cognizance.'

(3.)The accused however pleaded not guilty and claimed to be tried.
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