SHAIK AHAMMAD BASHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused in Sessions Case No.727 of 2009, on the file of the District and Sessions Judge, Guntur, filed this appeal aggrieved by his conviction for the offence under Section 302 of Indian Penal Code (IPC) and sentencing him to suffer imprisonment for life and to pay a fine of Rs.1,000/ -.

(2.) The case of the prosecution in brief is that the deceased was the wife of the appellant. Their marriage has taken place about 11 years prior to the incident. About six years prior to the incident, the appellant and the deceased started living at Perecherla Village, in one of the portions of the house of P.W.1, who was no other than the sister of the deceased, as tenants. On 29.6.2009 at about 6.00 a.m., P.W.1 has noticed flames in the portion in which the appellant and the deceased were living, and on noticing that her sister (the deceased) was burning in the flames, she went and extinguished the flames and shifted the injured to the Government General Hospital, Guntur, in '108' Ambulance. On the same day at about 9.00 a.m., on receiving the requisition from the Government General Hospital, Guntur, P.W.4, V Additional Junior Civil Judge, Guntur, visited the hospital and recorded Ex.P.4 - dying declaration of the deceased around 9.20 a.m. in the casuality ward. Sometime later, on the same day, P.W.10, the Assistant Sub -Inspector of Police, Out -post, Guntur General Hospital, on receiving the admission intimation through Ex.P.6, also recorded Ex.P.7 statement of the victim, which was forwarded to Medikonduru Police Station. On 30.6.2009, P.W.8, the then Sub -Inspector of Police, Medikonduru Police Station, received Exs.P.6 and P.7, hospital admission intimation and statement of the deceased, and registered Crime No.111 of 2009 for the offence under Section 307 of IPC and issued Ex.P.8 - First Information Report, and thereafter he visited the hospital, secured the presence of P.Ws.1 and 2, and recorded their statements. He also visited the scene of offence and prepared Ex.P.9 observation report in the presence of P.Ws.5 and 6. On 02.7.2009 on receiving Ex.P.10 - death intimation from the hospital, P.W.8 altered the Section of Law from 307 IPC to Section 302 IPC and issued Ex.P.11 - altered FIR. P.W.9 - the Circle Inspector of Police, Sattenapalli, has taken over the subsequent investigation, held inquest over the dead body in the presence of P.W.6 and two others and prepared Ex.P.13 - inquest report. On 3.7.2009, P.W.7, the Assistant Professor, Department of Forensic Medicine in Government General Hospital, Guntur, conducted post -mortem examination over the dead body of the deceased and gave the opinion that the cause of the death was shock due to burns and issued Ex.P.5 - post -mortem certificate. On 04.7.2009 P.W.9 apprehended the appellant - accused in the presence of P.Ws.5 and 6 and sent him for remand. On receiving all the relevant documents and on completion of the investigation, P.W.9 filed the charge sheet.

(3.) In support of its case, the prosecution examined P.Ws.1 to 10 and marked Exs.P.1 to P.13, besides producing M.Os.1 to 8. No evidence was adduced on behalf of the defence.