KOLLI SURYANARAYANAALIAS SURAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A-l in Sessions Case No. 104/88 OP the file of the Sessions Judge, Khammam was convicted under Section 302 I.P.C. for causing the death of his step-mother by name Kolli Chittemma (herein after referred to as the 'deceased') by pouring petrol on the deceased and setting fire to her on 30th November, 1987 at about 8 P.M. when the deceased was sitting in a bunk near Srinivasa talkies, Sathupalli and sentenced to suffer imprisonment for life. He was also convicted by the learned Sessions Judge under Sec. 436 I.P.C. and sentenced to suffer R.I. for a term of five years. Both the sentences were, however, directed to run concur rently. Two accused were tried by the learned Sessions Judge on two charges. The first charge was framed against both the accused under Section 302 read with Sections 114 and 115 I.P.C. The second charge was framed against both the accused under Sec. 436 I.P.C. Only A-l was convicted of both the charges. Aggrieved by the judgment of the learned Sessions Judge, the above appeal was preferred by A-1.

(2.) The case of the prosecution briefly stated is as follows: Kolli Gopaiab, P. W. 1 a resident of Sathupalli town is the father of A-1. Narasamma was his first wife. Three sons, Venkateswararao, Appa rao and A-l were born to P.W. 1 through his first wife is the youngest amongst the three. Subsequent to the demise of Narasamma, PW.1 married the deceased Chittemma. One daughter and one son were born to the deceased through P.W. I. P.W. 2 is the daughter aged 16 years, while P.W. 3 is the son aged 12 years. The first two sons born to P.W 1 through his first wife got themselves separated from P.W. 1. A-l was, however, staying with P.W. 1 and the deceased. Three years later A-l quarrelled with P.W.I and left the house of P.W. 1. He was living with his elder brother Venkateswararao. P.W. 8 is the wife of Venkteswararao. A-l developed illicit intimacy with P.W. 8, Venkateswararao died leaving behind him P.W. 8, a son, and a daughter. A-l was openly living with P.W. 8. Subsequently A-l married one Rajakumari of Kunchaparthi. Even after the marriage, he was living with P.W. 8 and her children for some time. A-l however, shifted his wife to a separate house, as misunderstandings arose between her, and P.W. 8. The deceased complained to the elders of the locality that even after his marriage A-l was openly living with P.W. 8. A-l, therefore, developed grudge against the deceased.

(3.) A-2 a washerman who belongs to Sathupalli is a close friend of A-l. Both of them are addicted to liquor.