RACHA ASHOK Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused in Sessions Case No. 14 of 2005 on the file of I Additional Sessions Judge, Warangal, who was convicted for the offence punishable under Section 302 Indian Penal Code, 1860 (for short, "IPC") and sentenced to undergo life imprisonment and to pay fine of Rs. 10,000/-, in default to undergo further imprisonment for a period of one year, is the Appellant herein.

(2.) The case of the prosecution is that the deceased Hemalatha (hereinafter referred to as 'the deceased') and the accused are residents of Singarajpally Village. The husband of the deceased is said to have gone to Maharashtra for eking livelihood and the accused is said to have developed illicit intimacy with the deceased. PW-1 is the neighbour, PW-9 is the daughter and PW-10 is the mother of the deceased. PW-11 is also the brother-in-law of the deceased and a neighbour of the deceased. There were some disputes between the accused and the deceased with regard to the relationship. On 17-08-2003 at about 9-00 P.M., when the deceased was in the house, the accused picked up a quarrel with regard to her affairs, having become enraged, poured the kerosene on her and lit fire with an intention to kill her and tried to escape. The deceased hugged the accused, the accused escaped from her clutches. P Ws-1, 2 and 11 who are the neighbours, noticed the flames and came there and found the accused running away from the scene and the deceased in flames. PW-1 chased the accused, but the accused escaped from the scene. Though the deceased was sought to be shifted to Government hospital, Jangaon, on the way she died.

(3.) The case was taken on file as P.R.C. No. 69 of 2004 by the Judicial Magistrate of First Class, Jangaon, and committed the same to the Court of Sessions, and subsequently, after numbering the case, it was made over to the Court of I Additional Sessions Judge, Warangal.