PALLAM VENKAIAH Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence passed in S.C. No. 21 of 2007 by the Sessions Judge, Nellore on 20.02.2008. The appellant herein was prosecuted for the offence under Section 302 of the Indian Penal Code, 1860 (for short "IPC"). According to the prosecution, the deceased Dasari Syamala, who was working as Typist in Udayagiri Taluk Office and at that time the accused was working as Attender in Library at Udayagiri. The accused and the deceased fell in love and they married in the year 1979 and out of the wedlock they were blessed with three children. Later, the deceased was promoted to the post of MRO and posted at Dagadarthi Mandal. The accused became a Librarian. Both of them were residing in the house at Nellore and attending to their duties. After sometime, the accused felt that his wife is holding higher post than him and he developed jealousy towards the deceased. Since ten years prior to the death of the deceased, misunderstandings developed between the accused and the deceased. Both were not in talking terms even though they were residing in the same house. In the year, 2001, P.W.2 fell in love with Gobbilla Ravi Chandra and the deceased celebrated the marriage against the wishes of the accused. Since then the accused accelerated his grouse against the deceased and now and then the accused tried to yield the deceased to share his bed, but the deceased rejected him. Hence, the accused has been waiting for an opportunity to wreck vengeance against the deceased. On 16.05.2006 P.W.1 left Nellore for Hyderabad to bring his brother D.W.1, who was studying there. During the night of 17.05.2006 the accused and the deceased were alone in the house, taking advantage of the same, at 01.00 hours the accused went into the bed room of the deceased to have sexual intercourse with her but she refused for the same. Having frustrated with the attitude of the deceased, the accused wanted to execute his plan and poured petrol on the deceased, which was secured earlier by him. Then the deceased came out of the bed room to the hall and the accused set her ablaze by lighting a match stick. The accused was engulfed with the flames and she raised cries due to the burn injuries. Having heard the cries, P.W.5, who is neighbour, rushed to the scene of offence and witnessed the occurrence and put off the flames by covering the deceased with the clothes. The accused also sustained burns at the time of occurrence. Thereafter, P.W.2 and her husband came there and shifted her to Bollineni Hospital, Nellore in an ambulance. On the information received by P.W.9, the A.S.I. rushed to the hospital and recorded the statement of the deceased at 4.30 hours on 18.05.2006 and returned back to the police station and registered the same as a case in Cr. No. 111 of 2006 under Section 307 of IPC and issued the FIR and P.W.12 took up the investigation. The Judicial First Class Magistrate, Nellore, P.W.8 has recorded the dying declaration of the deceased in the early hours of 18.05.2006. On 18.05.2006 P.W.1 and D.W.1 returned from Hyderabad to Nellore and noticed their mother with burn injuries in the hospital and learnt about the occurrence, tried to shift the deceased to Chennai for better treatment but she succumbed to burn injuries on the way to Chennai. The dead body was brought back to Nellore. On the information given by P.W.1, the section of law was altered to 302 of IPC and P.W.12 took up further investigation and held inquest over the dead body of the deceased in the presence of P.W.5 and another and the dead body was sent for post mortem examination and the doctor, P.W.6, who conducted post mortem examination over the dead body of the deceased, opined that the deceased died due to extensive burn injuries. On 19.05.2006 P.W.12 arrested the accused and sent to the Government Hospital, Nellore for examination and P.W.7 examined the accused and opined that he sustained simple burn injuries. P.W.12 has sent the material objects for Regional Forensic Science Laboratory, Guntur and received report stating that the item No. 1 is petrol and traces of hydrocarbons are found in item Nos. 2 and 3. Hence, he has filed the charge sheet against the accused.

(2.) The learned Sessions Judge, Nellore has framed a charge under Section 302 of IPC against the accused and the accused pleaded not guilty for the said charge.

(3.) The prosecution in order to establish the said charge examined P.Ws. 1 to 12 and got marked Exs. P-1 to P-17 and M.Os. 1 to 4. On behalf of the accused, D.W.1 was examined and Exs. D-1 and D-2 were marked.