G LINGASWAMY Vs. STATE OF A P

JUDGEMENT

(1.) The appeal is directed against the judgment in Sessions Case No.1/ 1996 on the file of the Sessions Judge, Mahabubnagar, dated 30.1.1999, convicting the sole accused under Section 304 Part II of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of Rs.500/-, and in default, to suffer rigorous imprisonment for two months. Assailing the conviction and sentence, the accused filed the present appeal, questioning the legality and correctness of the judgment.

(2.) The brief facts that are necessary for disposal of the present appeal are that, the accused was the husband of Rajeshwari, that on 24.3.1994 the Head Constable (HC.280) of II Town Police Station, Mahabubnagar received a medical intimation from the Headquarters Hospital, Mahabubnagar with regard to the admission of Rajeshwari with burn injuries, that the Head Constable visited the hospital and recorded the statement of Rajeshwari wherein she stated that on 24.3.1994 at about 8.00 a.m., when her husband asked for money she replied that she had no money, the accused asked for 'Pusthe' but she refused to give it, then the accused pulled the 'Pusthe Rope', thereafter the accused poured kerosene on her and set fire to her, that basing on the said statement, a case in Crime No.7/ 1994 under Section 307 I.P.C. was registered, that during the course of investigation, the Judicial I Class Magistrate, Mahabubnagar, recorded the statement of Rajeshwari, that on 13.4.1994 Rajeshwari succumbed to the burn injuries, and that the police altered the section of law from 307 to 302 I.P.C. and investigated into.

(3.) On behalf of the Prosecution, P.Ws.1 to 16 were examined and Exs.P1 to P14 were marked. The lower Court, after hearing both sides and considering the evidence on record, came to the conclusion that an offence under Section 304 Part II I.P.C. was made out, and accordingly convicted and sentenced the accused as aforesaid.