YERUVA SAYIREDDY Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal is preferred under Section 374(2) Code of Criminal Procedure against judgment and conviction recorded against the Appellant-accused (for short 'the accused') for the offence punishable under Section 302 Indian Penal Code in Sessions Case No. 255 of 2006 dated 5.3.2007 on the file of VI Additional District and Sessions Judge (Fast Track Court), Markapur, Prakasam district.

(2.) The accused having been found guilty of committing the said offence was sentenced to life and also to pay a fine of Rs. 2,000/- and in default of payment of the fine amount, to suffer rigorous imprisonment for two months.

(3.) The accused is a resident of Tippayapalem village, Markapur mandal, Prakasam district and he was the father-in-law of late Yeru Laxmi (for short 'the deceased'). The accused, after the demise of his wife, developed illegal contacts with ladies at Tippayapalem village and used to spend his earnings for his vices. He also used to ill-treat his two innocent sons namely Yeruva Swamy Ranga Reddy i.e. husband of the deceased (P.W.1) and Yeruva Ranga Reddy (P.W.2). In order to meet the vices, the accused wanted to sell their Hayrick yard site for which his sons and the deceased objected. In fact, the deceased strongly protested against the proposal made by the accused, thereby the accused quarrelled with the deceased for three days prior to the incident in question i.e. 17.6.2004. On 17.6.2004 at about 9.00 p.m. when the deceased was working in her matrimonial house lonely, he picked up quarrel with her with an intention to kill her and all of a sudden, he poured kerosene upon her and set her ablaze using lighted match stick and went away. Consequently, the deceased made hue and cry and on hearing her cries, Yeruva Ranga Reddy, Thamidala Venkata Reddy, Yeruva Appi Reddy, Kunduru Rangamma and Udumula Ramulu (P. Ws.2 to 6) who were present nearby, rushed to the house and in the meanwhile the husband of the deceased (P.W.1) who went in search of their she-buffalo returned to the house and found the deceased in flames and immediately he pulled the saree of the deceased and tried to rescue her by reason of which, he received burn injuries over both of his hands and P.W. 3 put a cloth mattress over the deceased and put off the flames and then they shifted the deceased to the hospital of Dr. Ranganayakulu (P.W.9). Further, the parents and brother of the deceased on coming to know about the incident, went to the hospital on 18.6.2004 and she informed them about the incident and thereafter the deceased was taken to the Government Hospital, Markapur for better treatment and there, the Assistant Sub-Inspector of Markapur Rural P.S. (P.W.16) recorded her statement, on the basis of which, the S.I. of Police (P.W.17) registered the case in Cr. No. 70 of 2004 under Section 307 Indian Penal Code and took up the investigation of the case. Further, the Mandal Revenue Officer, Markapur (P.W.13) on receiving requisition, went to the hospital and recorded dying declaration of the deceased (Ex.P16). On 24.6.2004 at 10 a.m. i.e. after (7) days of the incident, the deceased succumbed to the injuries consequent upon which, the S.I. of Police altered the section of law from Section 307 to Section 302 Indian Penal Code. Further, the Inspector of Police (P.W.18) conducted the investigation of the case and subsequently filed charge sheet in the case.