Keesari Madhav Reddy vs. State Of A.P
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 339 OF 2004
These appeals are directed against an order dated 9th March, 2007 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad whereby the High Court has set aside the order passed by the State Administrate Tribunal in OA No.6334 of 1997 to the extent the same holds the judgment of this Court in V. Jagannadha Rao and Ors. v. State of Andhra Pradesh and Ors. (2001) 10 SCC 401, to be prospective in its application. The facts are given:
The deceased Keesari Kalavathi, the daughter of P.Ws. 1 and 2 of village Kondur, was married to A1 Keesari Madhav Reddy son of the other two accused A2 and A3, Keesari Venkata Reddy and Keesari Promila. The marriage between the deceased and A1 was arranged with the efforts of P.W. 4 Peddi Reddy, the elder son-in-law of P.W. 1. During the course of the settlement of the marriage P.W. 1 had agreed to pay Rs. 80,000/- towards dowry and also supply articles worth Rs. 6000/-
Deceased father had paid Rs. 40,000/- and promised to pay the balance amount after the accused and the deceased had lived happily and peacefully for about one month. The accused were, however, not happy with this arrangement and they told the deceased to bring the balance amount and for that purpose would beat and abuse her and when P.W. 1 visited his daughter she narrated the harassment meted out to her. P.W. 1 thereupon brought the deceased to his house with the permission of A2 and A3 but none of the accused made any effort to take her back. A dispute erupted at that time between A1 and his elder brother regarding dowry and it was decided that out of the Rs. 20,000/- due to A2 and A3, A1 and his elder brother would pay Rs. 10,000/- each to clear of the dues. This arrangement was apparently carried out, on which A1 and his wife stayed together at various places for sometime. It appears however that the demands for dowry still continued and the deceased and the couple had an on-off relationship. On the 19th April, 2000, P.Ws. 1 and 3 went to the house of P.W.2 where P.W.9 was also present and they were told that a few days earlier the deceased had been administered a beating by the accused and that she was not being provided any food by them. The deceased came running out of her matrimonial home with burn injuries raising a hue and cry and fell down in front of the house. P.W. 12 noticed the deceased with burn injuries and immediately rushed to the house of P.W. 3 who in turn rushed to the house of the accused and found the deceased lying there with burn injuries. In this dying declaration, the deceased stated that A1 had set fire to her sari in culmination of the harassment that had been meted out to her over the last several days. The injured, however, died at about 5:30p.m on the 21st April, 2000….read more