DASARI NAGABHUSHANAM Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Appeal is filed by the appellant/accused, under Section 374(2) of the Code of Criminal Procedure, 1973, (for short, 'Cr.P.C'), against the Judgment dated 23.11.2009 passed in Sessions Case No.266 of 2008 on the file of the Additional Sessions Court, Hindupur, whereunder and whereby, the appellant/accused was found guilty and accordingly, convicted and sentenced to undergo life imprisonment and to pay fine of Rs.100/ - for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, 'I.P.C').

(2.) THE brief facts that are necessary for disposal of the appeal are stated as follows: On 17.05.2007 one Dasari Padmavathi (hereinafter referred to as 'the deceased') and her children were sleeping in front of their hut. At about 10:00 p.m the accused, who was her husband, came to the house in a drunken state, started galata with her and asked to serve food. The deceased served food to the accused and after having the dinner, the accused again started galata suspecting the fidelity of the deceased with some others. In this regard, the deceased told the accused not to suspect her fidelity and she can swear oath to prove her chastity. For that the accused grew wild and in the meantime on hearing galata father of the accused -PW.1, who was residing by the side of the house of the accused, sent his wife PW.2 to pacify the matter. Accordingly, PW.2 came to the house of the accused and advised the accused and the deceased not to quarrel. In this regard, the accused grew wild and slapped his mother -PW.2. The accused having enraged, took kerosene oil can from his hut, poured kerosene oil on the body of the deceased and lit fire saying that he would kill the deceased in the presence of PW.2. On seeing the act of the accused, his mother being afraid rushed to her house and informed the said fact to her husband -PW.1. Accused, in a fit of anger lit fire with a match stick to the deceased with an intention to kill her. Due to the said act, the deceased caught with fire over the body and raised hue and cry. Then, accused pushed the deceased from his hut while she was in ablaze and fell down on the ground. On hearing the cries of the deceased, PWs.1, 2 & 4 rushed to the place to put off the flames. PWs.5, 6 & 7, who are the neighbours also rushed to the spot after hearing the cries of the deceased and put off the flames. The minor daughter of the deceased and accused also witnessed the incident. The persons, who were present at the scene of offence, chastised the accused about his high handedness towards his wife and later, the accused ran away from the scene of offence. PW.1 along with other neighbours took the deceased to Government Hospital, Dharmavaram, and got admitted her. After receiving the hospital intimation, PW.18 recorded the statement of the deceased under Ex.P15, on which PW.20 registered the case in Crime No.39 of 2007 of Dharmavaram Rural Police Station for the offence punishable under Section 307 I.P.C. PW.17 -the Judicial Magistrate of First Class, Dharmavaram, recorded the dying declaration of the deceased under Ex.P13. Thereafter, the deceased was shifted again to Government General Hospital, Kurnool, for better treatment and while undergoing treatment, she succumbed to burn injuries. After hearing the death intimation, the section of law was altered from Section 307 I.P.C to 302 I.P.C. PW.16 examined the accused and issued wound certificateEx.P11. The Investigating Officer -PW.19 took up investigation, recorded the statements of all the witnesses, conducted the scene of offence panchanama and inquest panchanama in the presence of mediators and sent the dead body for post -mortem examination. After receiving the post -mortem report and other reports and after completing the investigation, PW.19 filed the charge sheet into the Court.

(3.) ON appearance of the accused, the trial Court framed the following charge against him: