ORIKELLA VENKARESWARLU Vs. STATE

JUDGEMENT

(1.) Sole accused in Sessions Case No. 101 of 1998 before I Additional District and Sessions Judge, Krishna, is the appellant. He was tried by the learned Sessions Judge for the offence under Section 302 of IPC. He was convicted for the said offence and sentenced to suffer imprisonment for life. He was also fined with Rs. 200/-, in default, he has to undergo simple imprisonment for two weeks.

(2.) The allegations against the appellant were that on 21st May 1997 at about 5 p.m. he caused the death of his wife namely Orikella Susheela by burning her with a matchstick after pouring kerosene over her. On the basis of these allegations, charge was framed under Section 302 of IPC, to which the accused pleaded not guilty and claimed to be tried. Prosecution examined 12 witnesses and exhibited 15 documents.

(3.) P.W. 1 is the brother of the deceased. He stated that seven years before, the deceased was married to the accused. On the day of death of the deceased, the witness was living at Malkapuram in a brick manufacturing unit. As all of them including the accused and the deceased were working as coolies, all of them were living in small huts in the same manufacturing unit. Accused used to consume arrack and used to harass the deceased. On the day of occurrence at about 5 p.m., the accused came to his house after consuming liquor, beat the deceased and her children. The two children of the deceased went away and slept in another hut, whereas the deceased along with one child, slept in the hut of the witness. At about 12 midnight or 1 a.m., he heard noises from the hut of the accused. His brothers were also living in a neighbouring hut. All of them rushed to the hut of the accused. The daughter of the deceased extinguished fire on the body of the deceased by covering her with a blanket. He also made attempt to extinguish the fire. When he questioned his sister, she told him that the accused tied her hands with a sari and poured kerosene on her body and set her on fire with a matchstick. They took the injured to the hospital in a Tractor. Deceased was admitted in the Government Hospital, Jaggaiahpet. Police recorded his statement. The deceased remained in the hospital for about two months. All these two months he used to attend his sister at Jaggaiahpet. He further submitted that since they found it difficult to continue at Jaggaiahpet due to financial constrains, they requested the doctor to discharge the deceased and she was discharged. The hospital authorities gave requisite medicines and after going to their house, they used to administer medicines to her. After 20 days of shifting the deceased to her house, she died. In his cross-examination, he stated, he has no idea of dates. Ex. P-1 was not in his handwriting, he did not know who wrote Ex. P-1, the dates put on Ex. P-1 were not put by him, however, Ex. P-1 was written in his presence. He denied that he had signed a white paper, which was later on filled up by the Police. Ex. P-1 is a report, dated 1-8-1997 given by P.W. 1. In this report, P.W. 1 stated,