ORIGALA ADAM Vs. STATE OF A P

JUDGEMENT

(1.) The sole ac-cused in Sessions Case No. 163 of 2006on the file of Principal Sessions Judge, Eluru, West Godavari, who was convicted for the offence under Section 302 of the Indian Penal Code, 1860 (for short, "I.P.C.") and sentenced to un-dergo rigorous imprisonment for life and to pay a fine of 500/-, in default to undergo simple im-prisonment for a period of six months, is the appellant herein.

(2.) The case of the prosecution is that the de-ceased, Gone Mariyamma, was the wife of PW.8. The marriage of the deceased with PW.8 was performed six years prior to the date of of-fence i.e., 07.11.2004 and they were blessed with a son. The accused developed intimacy with the deceased and a month prior to 07.11.2004, the deceased gave her gold ear studs to the ac-cused on his personal request and the accused pledged them. A week prior to 07.11.2004, the husband of the deceased i.e., PW.8 was arrested by the Pedapadu police and was sent for remand. To arrange bail to her husband, the de-ceased requested the accused to return the gold ear studs, but the amused failed to return them and continued his intimacy with the deceased. The deceased warned the accused not to visit her house and discontinue the relationship with her. The accused grew wild and in pursuance of his anger against the deceased, on the night of 7/8.11.2004 during mid-night, he entered into the house of the deceased, poured kerosene on her and lit her to fire. On that, the deceased raised cries and the neighbours, PWs.1 to 6, came and they put off the burns and saw the accused running away. The deceased was shifted to the Government Hospital, Eluru. Her statement was recorded by PW.11 and it was registered as a case in Crime No. 156 of 2004, under Section 307 I.P.C. by PW.16and investi-gation was taken up. During the course of in-vestigation, the scene of offence was observed, panchanama was conducted, statement of the deceased was recorded and the statement of other witnesses was also recorded. The dying declaration of the deceased was also recorded by PW.12, who is the Special Judicial Magis-trate of First Class (Mobile Court), Eluru. On 11.11.2004 at about 08:30 AM, the accused was apprehended in presence of the mediators and the accused given a voluntary confessional state-ment with regard to commission of the offence. He was sent for remand. While undergoing treat-ment, the deceased died on 18.11.2004 at about 04:25 p.m., and the Section was altered into one under Section 302 I.P.C. During the course of investigation, inquest was held over the dead body of the deceased and thereafter, it was sent for post-mortem examination. The material ob-jects were sent to Forensic Science Laboratory for analysis. After getting the Forensic Science Laboratory report, a charge sheet was filed against the accused for the offence punishable under Section 302 I.P.C. The case was taken on file as P.R.C.No.29 of 2005 by the learned II Additional Judicial Magistrate of First Class, Eluru, and committed the same to the Court of Sessions.

(3.) After the appearance of the accused be-fore the learned Sessions Judge, a charge un-der Section 302 I.P.C. was framed, read over and explained to him in Telugu and he pleaded not guilty.