SHAIK AHMED Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is filed against the judgment and sentence passed in S.C. No. 16 of 1995 on the file of the learned Sessions Judge, Karimnagar. The brief allegations that led to launching of prosecution against the accused are as follows : The deceased Rajiya Begum @ Raju Bai is the sister of P.W. 1. The accused, who is a muslim, married the deceased about 12 years ago and she was renamed as Rajiya Begum. They be got four female children. Till last six months before the death of the deceased, they lived together happily. Afterwards the accused began to suspect the fidelity of the deceased and started harassing her. On 12-9-1993 at 1.00 p.m. the accused had beaten the deceased with pestle on her head and set fire to her by pouring kerosene. On information P.W. 1, the brother of the deceased went to her house and after being told by P.W. 2 about the incident he went to Metpalli police station and gave the report Ex. P-1 at 14-30 hours. P.W. 11, Sub-Inspector of Police, registered a case in Cr. No. 111/93 u/S. 302, IPC and issued F.I.R., Ex. P-7 to all the concerned. P.W. 12, Inspector of Police, District Crime Branch, Karimnagar took up the investigation into the case. He conducted inquest over the dead body of the deceased in the presence P.W. 9 and others and prepared inquest report, Ex. P-4. He examined P.Ws. 1 to 5 and 7 and recorded their statements. He also seized Mos. 1 to 6, 8 and 9 from the scene of offence. He got the dead body of the deceased photographed by P.W. 8. P.W. 6, who is the medical officer, conducted autopsy over the dead body of the deceased and opined that the death of the deceased was due to shock and hemorrhage as a result of extensive burns and head injury. The accused was arrested by the police on 17-9-1993 at 7.30 hours and during the interrogation the accused confessed the guilt. At the instance of the accused the police recovered M.O. 7, pistol, from the ante room of his house in the presence of P.W. 10 under a cover a panchanama, Ex. P-6. M.O. 7 was deposited in the Court. The bloodstained articles were sent to the Forensic Science Laboratory for an expert opinion. On 23-9-1993 the analyst report came. After completion of investigation the police laid the charge-sheet.

(2.) On the above facts the learned Sessions Judge framed a single charge against the accused u/S. 302, IPC. When the accused was confronted with the charge, the plea of the accused was one of total denial. He claimed to be tried.

(3.) The prosecution in all examined P.Ws. 1 to 12 and marked Exs. P-1 to P-10. They also marked M.Os. 1 to 9. On behalf of the defence D.W. 1 was examined, but did not mark any documents. Considering both the oral and documentary evidence the learned Sessions Judge found the accused guilty and convicted him u/S. 302, IPC and sentenced him to suffer imprisonment for life. Against that judgment and sentence the accused filed the present appeal.