GANTA RAVI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is filed aggrieved by the judgment of conviction and sentence dated 2-5-2005 passed in S.C.No. 103 of 2003 on the file of II Additional Sessions Judge (Fast Track Court) at Parvathipuram.

(2.) The brief facts of the case are as follows: The deceased Ganta Rani rs the wife of the appellant-accused. Thecase of the prosecution is that the appellant used to harass and suspect the character of the deceased and used to beat her often. While so, on 8-6-2003 at about 2 p.m. the accused after returning from Mallampeta suspected the deceased who was lying on thefloorand scolded herand kept his leg on the neck of the deceased and during the struggle the kerosene tin fell on the body of the deceased with kerosene and then the accused took the opportunity of killing the deceased and lit fire to the deceased due to which the fire broke out and the deceased cried for help and on hearing the cries of the deceased P. Ws.1 and 3 took the injured to the hospital and in the hospital P.W.14 recorded the statement of the injured in the presence of the doctor and registered the crime and later the Magistrate also recorded the statement of the deceased wherein the deceased stated that her husband lit fire and caused injuries to the deceased and later on the deceased died due to burn injuries and thus the accused committed the offence punishable under Section 302 IPC.

(3.) The learned Magistrate took the case on file and after observing all formalities duly committed the case to the Court of Sessions Division, Vizianagaram by virtue of order passed under Section 209 Cr.P.C. On the basis of the said committal order the learned Sessions Judge took the case on file and registered the case as S.C.No.103 of 2003 and made over the same to the II Additional Sessions Judge (Fast Track Court), Parvathipuram. The learned II Additional Sessions Judge, after hearing both sides, framed charge under Section 302 IPC against the accused, read over and explained the same to him for which the accused pleaded not guilty and claimed to be tried.