CHANDAN PRASAD GUPTHA Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in S.C. No.179 of 2001 on the file of the V Additional Sessions Judge, Ranga Reddy District, at L.B. Nagar, is the appellant herein. He was charged with the offence under Section 302 I.P.C., for causing the death of his wife, Manithi, by pouring kerosene and setting her, on fire on 4-8-1999. He was also charged for the offence under Section 498-A I.P.C. Through its judgment dated 18-11-2002, the Trial Court found the appellant guilty of the offence under Section 302 I.P.C., and sentenced him to undergo imprisonment for life. The appellant was acquitted of the charge under Section 498-A I.P.C.

(2.) The deceased and the appellant were married about 12 years prior to the date of incident. Both of them hail from Buxer District of Bihar State. The appellant came to Hyderabad for livelihood and was working in a Factory at Balanagar. He used to go to Bihar on certain occasions, and now and then, the deceased used to come to Hyderabad.

(3.) On coming to know that the appellant contracted a second marriage, the deceased came to Hyderabad on 2-8-1999. On 4-8-1999, PW-9, an immediate neighbour and certain others found the deceased, on fire, in the residence of the deceased. The door was broke open and the fire was extinguished. She was admitted in the Gandhi Hospital. PW-10, Sub-Inspector of Police, Balanagar, recorded the statement of the deceased (Ex.P-12), at 2.00 p.m., on 4-8-1999. The deceased stated that she came to Hyderabad on 2-8-1999, on coming to know that the appellant contracted the second marriage, and thereafter, the accused started beating her. She has also stated that at about 10.00 a.m., on 4-8-1999, the appellant poured kerosene and set her on fire saying that she must die, and had gone away by bolting the door from outside. On the basis of Ex.P-12, crime was registered and investigation was undertaken. On a requisition being given, the Additional J.F.C.M., Kothapet, West and South, Saroornagar, recorded the dying declaration, marked as Ex.P-8; two endorsements made by the Duty Doctor, before and after the dying declaration was recorded, are marked as Exs.P-6 and P-7.