VAJRALA PARIPURNACHARY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A young lady aged about 25, Kadari Lingamma, was burnt to death. The crime has been attributed to her paramour Vajrala Paripurnachary (appellant herein) who was indicted for her murder. He was acquitted by the Sessions Court but was convicted by the High Court on an appeal under Section 302, IPC and sentenced to imprisonment for life. So he has filed this appeal as of right.

(2.) Kadari Lingamma was given in marriage first to one Chella Venkanna, but that marriage was short-lived. Later she was married to one Bari Venkanna which also ended in failure. Thereafter she stayed with her parents and during that time she developed intimacy with the appellant who was a married man having children. Appellant used to make nocturnal visits to her house and was maintaining illicit relationship with the deceased.

(3.) According to the prosecution, on the night of 28-2-1991 appellant went to the house where deceased was staying. Her father was not in the house then as he had gone out to watch his cattle. The presence of a teenaged brother of the deceased (PW-2 Ramamurthy) did not deter the appellant and the deceased to resort to libidinous cooing and they indulged in drinking and liaison. In the night a visitor knocked at the door of the house when appellant opened the door, the visitor said that he came to see deceased's father. The said visitor, however, left the house on being told that her father had gone out of the house. The appellant suspected whether the visitor was actually somebody who came to see her in the night. He questioned her on it but she denied having any acquaintance with him. Appellant seemed unsatisfied with her explanation. In the night he doused kerosene on her and set her ablaze. Hearing her loud cries her brother (PW-2 Ramamurthy) woke up and saw his sister writhing in flames. She told him that it was the appellant who set fire to her. The noise created by her brought some neighbours to the house who made all efforts to extinguish the fire and save her. Then PW-2 Ramamurthy went to the cattle field and reported the matter to his father. He rushed to the house and heard the story from his daughter. They all shifted her to the hospital. On the way they visited the local police station with whom she lodged her complaint Ext. P-13. At the hospital PW-12 Judicial Magistrate recorded the dying declaration of the deceased. She succumbed to her burn injuries on the next day.