DASARI VANIMMA Vs. STATE OF A.P.

JUDGEMENT

(1.) The sole accused in Sessions Case No. 228 of 2006, on the file of the III Additional District & Sessions Judge (Fast Track Court), Nellore, filed this criminal appeal against her conviction for an offence under section 302 IPC and sentencing to suffer imprisonment for life and to pay a fine of Rs.500/ -.

(2.) The case of the prosecution, in brief, is that the appellant/accused is a resident of Jyothinagar colony, Atmakur and the deceased was her own daughter. The accused was discarded by her first husband. She was blessed with a male child and a female child through her first husband. Later the accused married one Sriramulu and got through him four children, (two male children and two female children) including the deceased. The deceased was the elder daughter. About 6 years prior to the offence, Sriramulu died in an accident. A sum of Rs.2,00,000/ - was received by the accused as compensation for the death of her husband. The deceased wanted to disburse the compensation amount among all her children, including the two children, born to her first husband. But the deceased objected to the same and demanded the accused to disburse the compensation amount only among the four children, born to Sriramulu. In connection with the said issue, there used to be quarrel between the deceased and the accused, as a result of which, the deceased was living alone in a thatched house, situated by the side of the house of her mother.

(3.) On 03.07.2005 at about 22.30 hours, while the deceased was sleeping in the thatched house, the accused went to the house, poured kerosene on the deceased and set fire with an intention to do away with the deceased as she became a hurdle to her in disbursing the compensation amount to all her children, including those who were born to her through her first husband. While the accused was returning after lighting fire to the deceased, PWs 3 and 5 saw her. Due to the burns, the deceased woke up and came out from the house with flames, and on seeing the same, PW 2 put off the flames. On enquiry, the deceased while struggling for life informed PWs 1 to 10 who lived in the vicinity that her mother poured kerosene on her and set fire with an intention to kill her. PWs 1, 2 and 4 shifted the deceased to K.K.R.Hospital, Atmakur for treatment. On 04.07.2005 at 09.15 hours, PW 19 - Sub -Inspector of Police, Atmakur received intimation from the hospital regarding burns of a woman. On receipt of the said intimation, PW 19 visited the hospital and found that the victim has received burns of about 60% all over the body. On the advice of the Doctor at K.K.R.Hospital, Atmakur, PW 19 shifted the victim to the Government Hospital, Atmakur, where PW 17 -the Doctor examined the victim and gave treatment. PW 19 visited the Government Hospital, Atmakur, recorded the statement of the victim and registered a case in Cr.No.75/2005 for the offence under Section 307 IPC on 04.07.2005 at 10.00 hours and issued the copies of First Information Report (FIR) to all the officers concerned and took up investigation. During the course of investigation, PW 19 visited the Government Hospital, Atmakur where he examined the deceased and PW 1 under Section 161 Cr.P.C and recorded their detailed statements in Part -II case diary. Since the condition of the victim became worse, PW 17 sent a requisition to PW 16 -the Judicial Magistrate of First Class, Atmakur, who visited the Government Hospital and recorded Ex.P18 -dying declaration of the victim. At about 14.00 hours the victim was referred to the Government Head Quarters Hospital, Nellore for better treatment.