SAMMETA VENKETESWARARAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred against the judgment dated 07.02.2007 passed by the I Additional Sessions Judge, Krishna at Machilipatnam in S.C.No.387 of 2003.

(2.) THE appellant-sole accused was tried by the learned Additional Sessions Judge for the charges under Sections 436 and 302 of IPC. The appellant was found guilty for both the charges, and was convicted. He was sentenced to undergo rigorous imprisonment for ten years and pay a fine of Rs.1,000/- in respect of the conviction for the offence under Section 436 IPC. He was further sentenced to undergo imprisonment for life and to pay fine of Rs.2,000/- in respect of conviction for the offence under Section 302 IPC. Both the substantive sentences were directed to run concurrently.

(3.) WHILE so, on the intervening night of 5/6.05.2003 in the early hours the appellant proceeded to the house of PW-1 with a view to set fire the house, on seeing him street dogs started barking, then PW-1 and his wife Punyavathi (LW-3) woke up and found the appellant standing near their house, they questioned as to why he came there during night time. It is said that the appellant replied to them that the thieves are moving in the vicinity and therefore he came there to caution them to sleep inside the house. PW-1 and his wife did not care for the advise of the appellant and they slept outside the house, while the daughters of PW-1 i.e. deceased Nos.1 and 3 Sammeta Lokeswari and Sammeta Durga and also son of PW-2 i.e. deceased No.2- Sammeta Rajesh) were sleeping outside the house of PW-1. At about 3.30 a.m. the appellant lit fire to a paper and with the said burning paper set the house of PW-1 ablaze. The house was caught in huge flames which attracted the attention of the villagers. The villagers gathered but they could not extinguish the fire. Some among the villagers telephoned to the fire service department and in and about an hour thereafter, the fire service department people came with the necessary equipment and extinguished the fire. In the meanwhile, the deceased 1 to 3, the children who were sleeping in side the house were burnt to death.