LINGAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused in Sessions Case No. 32 of 1990 on the file of the Additional Sessions Judge, Medak at Sangareddy, is the appellant. The appellant-accused was charged for the offence of intentionally causing the death of his wife Satyamma (deceased) by pouring kerosene on her and throwing a burning match-stick on her at 7 a.m. on 27-4-1989 at Masanpally cross-roads. The learned Additional Sessions Judge found him guilty of the offence; convicted him under S. 302 I.P.C. and sentenced him to undergo imprisonment for life.

(2.) The case of the prosecution is as follows : On 27-4-1989 at about 7.00 p.m. the accused came in a fully drunken state to his hotel at Masanpally cross-roads and demanded money from his wife-deceased for his drinking. As, by that time, he was already in a drunken condition, his wife refused to give money. On that, he poured kerosene on her and set her fire by throwing a burning match stick. Then she was admitted in the Government Civil Hospital at Narayankhed. On a requisition sent by the doctor, P.W. 3, the Mandal Revenue Officer, Narayankhed (P.W. 7) came and recorded the dying declaration of the deceased (Ex. P. 6) in the presence of P.W. 8. On the basis of Ex. P. 1, first information report, given by P.W. 1, the Sub-Inspector of Police, Narayankhed Police Station (P.W. 9) registered the crime under S. 307, I.P.C. The deceased was referred to Gandhi Hospital Secunderabad, for treatment of the burn injuries. She was taken back to her mother's house in Yenuguluru village on 9-5-1989 and she succumbed to the burn injuries on 9-5-1989. On receiving information about the death of the deceased, the provision of law has been altered into one under S. 302, I.P.C.

(3.) In all, the prosecution has examined 9 witnesses and marked Exs. P. 1 to P. 12. Neither any witness has been examined nor any document has been marked on behalf of the defence.