CHIRRA SHIVRAJ Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Being aggrieved by the Judgment and order dated 3rd July, 2009, passed in Criminal Appeal No. 579 of 2004 by the Andhra Pradesh High Court, confirming the order of conviction passed by the trial court, this appeal has been filed by the appellant who has been convicted under the provisions of Section 304 Part II of the Indian Penal Code and has been sentenced to undergo simple imprisonment forfive years. The case of the prosecution in a nut shell is as under.

(2.) Chirra Shantha (the deceased) had strained family relations with her husbands brother, the appellant. There was a family dispute with regard to a property wherein the husband of the deceased and the appellant were residing and the appellant wanted his brother Nagabhushanam to leave the property. It is alleged that the appellant used to regularly abuse the deceased and on 21st April, 1999, around 1.30 p.m., he had abused the deceased to such an extent that the deceased was fed up with the abusive language and so as to get rid of the appellant for the time being, she had poured kerosene on herself, believing that the appellant would go away because of her pouring kerosene on herself but while using abusive language, the appellant lit his cigarette and threw the lighted match stick on the deceased. As a result thereof, the deceased was in flames and the appellant left the place by further abusing her and telling that she should die.

(3.) At the time when the deceased was in flames, her husband, Nagabhushanam arrived and upon seeing his wife in flames, he immediately took her to the Government civil Hospital, Nizamabad. Upon police being informed, R. Gangaram, Assistant Sub Inspector (P.W.11) rushed to the hospital and recorded the statement of the deceased. FIR No. 46 of 1999 was filed on the basis of the statement made by the deceased against the appellant for commission of an offence under Section 307 of IPC. Looking to the nature of burn injuries suffered by the deceased, her dying declaration was recorded by Mr. Narsimha Chary, First Class Judicial Magistrate (Special Mobile Court), Nizamabad (P.W.10) around 8 p.m. The deceased specifically stated in the said statement that she was being abused by the appellant and on that day also, as usual, when she was being abused, she poured kerosene on herself and thereafter the appellant had thrown a lighted match stick on her, because of which she was in flames and she wasseverely burnt and her husband Nagabhushanam had brought her to the hospital.