NESE SULTHAN NARAYANASWAMY Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 28-12-2001 passed in S.C.No.378 of 2001 on the file of the court of Additional Sessions judge, Hindupur, by which the learned Additional Sessions Judge found accused Nese Sulthan Narayanaswamy guilty for the offence under section 302 IPC and convicted him accordingly and sentenced him to suffer imprisonment for life.

(2.) The appellant herein is the sole accused in S.C.No.378 of 2000. He was put on trial before the learned Additional Sessions Judge, Hindupur, for the offence under Section 302 I.P.C

(3.) The prosecution case in brief is : P.W. 1 Nese Kamala is daughter and P.W. 2 Nese Muni Raju is son-in-law respectively of the accused. The accused married Nese Susilamma (hereinafter referred to as the deceased) about twenty years prior to the incident. The deceased has a daughter who is no other than P.W.I whose marriage was performed with P.W.2. On the date of incident P.Ws.l and 2 were in the house of the accused. It is alleged that the accused demanded P.W.2 to give Rs.300/- for which P.W.2 expressed his inability and thereupon an altercation ensued between the deceased and the accused. After P.Ws.land 2 leaving the house, it is alleged that the accused poured kerosene on the deceased and set her on fire and thereby she engulfed in flames. When she raised cries, neighbours came and in the meanwhile P.Ws.l and 2 also reached the house and they shifted her to the Government Hospital, Dharmavaram for treatment. P.W.14 Dr.R.Satya Prakasham, Civil Assistant Surgeon, medically examined the deceased and sent Ex.P-12 intimation to the Magistrate and Ex.P-19 intimation to the Police P.W. 13 Mr. A Pushparai, Head Constable of Dharamavaram Police Station, received Ex.P-16 hospital intimation. He rushed to the hospital and recorded the statement of the deceased, which is exhibited as Ex.P-17. The duty doctor certified the fit state of mind of the deceased while her statement was being recorded by P.W.13. Ex.P-18 is the certificate issued by the duty doctor certif ying Ex.P-17. BasingonEx.P-17statement,P.W.13 registered a case in Crime No.25 of 2000 under section 3071.P.C. and issued Ex.P-19 F.I.R. He examined P.Ws.l , 2 and 4 and recorded their statements. He inspected the scene of offence and prepared scene of offence panchanama in the presence of P.W.ll. S. Parvathaiah and effected seizure of M.Os.l to 4 under the cover of Ex.P-20 observation report. He examined P.Ws. 3,5, 6 and 8 and recorded statements. P.W. 15 S. Naganna, Inspector of Police received death intimation of the deceased and altered section of law from Section 307 to Section 302 I.P.C and issued Ex.P-22 altered F.I.R. He conducted inquest on the dead body of the deceased in the presence of P.Ws.9 and 10. Ex.P.24 is the inquest report. After the inquest the dead body was sent for postmortem examination. P.W.7 T. Murali Krishna conducted postmortem examination on the dead body on 04-3-2000 at 03.00 p.m. and issued Ex.P-7 report opining that the deceased died of shock due to burn injuries. P.W.15 arrested the accused on 30-03-2000 at 02:10 a.m.. and sent him for remand. After completion of investigation, he laid charge sheet before the judicial Magistrate of First Class, Dharmavaram.