BANAVATH RAVI Vs. THE STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused in Sessions Case No. 42 of 2009 on the file of the learned VII Additional District and Sessions Judges Court, (Fast Track Court) Vijayawada, Krishna District, filed this Criminal Appeal feeling aggrieved by the judgment, dated 09.02.2010, in the aforesaid sessions case, whereby he was convicted for the offence under Sec. 302 I.P.C. and was sentenced to suffer Rigorous Imprisonment (R.I.) for life and to pay a fine of Rs. 500/ -, in default, to suffer simple imprisonment (S.I.) for one month.

(2.) The case of the prosecution, in brief, is that the appellant is a resident of Kileswarapuram. He is the son of the deceased. P.W.1 is the wife of the deceased and mother of the appellant. P.Ws.2 and 4 are the younger brothers of the deceased. P.W.5 is the sister of the deceased. P.W.3 is the elder son of the deceased and the brother of the accused. On 31.07.2008, at mid night, the deceased abused his wife - P.W.1 and went to bed on a tape cot in front of his house, whereafter, the accused has put some cycle tyres and tube pieces under the cot, poured kerosene on the same and also on the deceased and set them on fire. The deceased sustained burns and raised cries. P.Ws.1 and 2 tried to put off the flames by covering the deceased with a blanket and thereafter, they have shifted the deceased to the Government General Hospital (GGH), Vijayawada, in an ambulance.

(3.) As the accused denied commission of the offence and pleaded not guilty, trial was conducted. The prosecution examined P.Ws.1 to 14 and marked Exs.P -1 to P -16 and produced M.Os.1 to 10. P.Ws.1 to 5 and 7 to 9 did not support the prosecution case and hence, they are treated as hostile witnesses. On appreciation of the oral and documentary evidence, the Court below has convicted the accused and sentenced him as noted supra.