GUGULOTH NARSU Vs. STATE OF A.P.

JUDGEMENT

(1.) THE sole accused in S.C. No. 384 of 2009 on the file of the VI Additional Sessions Judge, Warangal at Mahabubabad who has been convicted for the offence under Section 302 IPC and sentenced to undergo life imprisonment, is the appellant in this appeal.

(2.) THE deceased was the wife of the appellant. At about 16.00 hours on 10.06.2008, it is alleged that the accused poured kerosene over his wife and set fire to her, because of her cries the neighbours came and tried to put off the flames by pouring water on her. Upon receiving the necessary information in that regard, P.W.1, the father of the deceased, P.W.2, the mother and their son went to the house of the deceased and removed her to the Government Hospital at Narsampet by calling for an ambulance and the deceased was later on shifted to Mahatma Gandhi Memorial hospital (M.G.M. Hospital) at Warangal, the General Hospital. While undergoing treatment at the MGM hospital, Warangal, the deceased succumbed to the injuries. Hence, the accused/appellant has been charged for causing homicidal death of his wife. He was also additionally charged for the offence under Section 498 -A IPC also.

(3.) P .W.1, the father of the deceased, has deposed that he performed the marriage of his daughter, the deceased with the accused, who is none other than the son of the sister of P.W.1, three years prior to her death. However, the accused is stated to be suspecting the fidelity of the deceased and consequently used to beat her. In those set of circumstances, the community elders conducted a panchayat and advised the accused to look after the deceased properly. They also advised both of them to lead happy married life. On the day of the incident, when the Upa -Surpanch of the village, where the deceased was living informed P.W.1 about the incident, P.W.1 rushed to the house of the deceased. P.W.1 has categorically deposed that on enquiry, his daughter told him that the accused gagged her mouth with a cloth and tied her to the wooden beam, poured kerosene and then lit fire to her. It is P.W.1, who shifted the deceased to the hospital calling for 108 ambulance and on the next day of the incident, the deceased succumbed to the injuries. Though, P.W.1 was cross -examined extensively, no suggestion was even left with regard to the information said to have been passed by the deceased to P.W.1. A great deal of the cross -examination centered around that the marriage of the deceased with the accused was performed contrary to her wishes and due to dislike of the deceased towards the accused, she was staying away from the matrimonial home, which, in our opinion, has no bearing whatsoever on the issue at hand. The only suggestion, which has some bearing upon the controversy left with P.W.1 is that the deceased was unconscious after receiving burn injuries and that suggestion was denied by P.W.1.