OGIBOYINA KOTAIAH Vs. STATE OF A P

JUDGEMENT

(1.) This is an appeal preferred by the sole accused in S.C.No.96 of 2002 on the file of IX Additional Sessions Judge, Guntur. He was charged forthe offence under Section 302 IPC for killing his wife by pouring kerosene and setting fire to her at 7 p.m. on 1 -9-2001 at his house.

(2.) The facts leading to the conviction of the appellant are briefly as follows: The deceased was married toone person by name-Somaiah. She was blessed with two daughters and one son. Two daughters expired due to ill health. She lived with her husband for some time and as her husband is suspecting her character and beating frequently, she represented the same to the caste elders but nobody had taken interest for reconciliation between them. Therefore, she discarded her husband and later she developed illegal contact with the accused. She filed a suit for divorce from her husband and got divorce decree on 30-8-2001, afterdepositing Rs.20,000/- by her husband in herfavour. On the same day the accused with fraudulent intention rendered the deceased to believe that he would marry her and look after her son. She agreed and accompanied with the accused to his village at Pallapatla. The accused tied Tali in front of the holy pictures of goddess and gone through the marriage ceremonies and later began to harass the deceased to give the deposited amount of Rs.20,000/- and also threatened her that if she fails to give the same, he would discard her and would rejoin with his first wife. Then the deceased learnt about the first marriage of the accused. On 1 -9-2001 at 19.00 hours accused took the deceased into the house and picked up quarrel with her to give the amount of Rs.20,000/- kept in deposit and when she refused to concede to his demand, the accused poured kerosene and set fire to her. The deceased raised cries. On hearing the cries, the prosecution witnesses rushed to the spot and learnt about the incident and shifted the deceased to the Government Hospital, Repalle for treatment. Later, the Magistrate recorded the dying declaration of the deceased. The Station House Officer, Repalle P.S. also recorded her statement and it was registered as FIR. Later, she was shifted to Government General Hospital, Gunturforbettertreatment. A crime was registered for the offence under Sections 498-A and 307 IPC of Nizampatnam police station. On 25-9-2001 at 7 p.m. the deceased succumbed to injuries. The section of law has been altered to one under Section 302 IPC and further investigation has been done. The inquest was held overthe dead body of the deceased in the presence of Panchas and postmortem examination was also conducted by the Medical Officer. The Medical Off icer opined that the cause of death was due to burns to an extent of 75%. After completion of the investigation police laid the charge sheet.

(3.) The accused pleaded not guilty of the offence and claimed for trial.