PATHAN SHAFI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is filed against judgment dt.26.2.2010, in S.C. No.378 of 2006, on the file of the I Additional District and Sessions Judge, West Godavari, Eluru, whereby he has convicted the appellant - sole accused for the offence under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/ -, in default, to suffer imprisonment for a period of six months.

(2.) The case of the prosecution is that the appellant/accused is the brother -in -law of one Pathan Vahida, wife of P.W.6. On 26.3.2006 at about 8.30 p.m., the appellant went to L.Ws.10, 11 and 13 and P.Ws.8 and 9, at Ganesh Colony, Chintalapudi, took their assistance by stating that P.W.10 came to the house of his brother - P.W.6 and was in the company of his sister -in -law (the deceased) in the absence of her husband. The accused took L.Ws.10 and 11 and P.W.8 to the house of the deceased where they found P.W.10 in the company of the deceased. The appellant went to the house of the deceased from the front side of her house, by guarding L.W.10 and P.W.8 at the rear side and L.W.11 in front side of the house. After entering the house of the deceased, the appellant saw P.W.10 in the company of the deceased. The appellant tried to catch P.W.10, but he escaped from the house by throwing the accused from rear side door, by pushing L.Ws.10 and 11 and P.W.8 to a side, and ran away through Northern side Maize fields. L.Ws.10 and 11 and P.W.8 chased P.W.10 shouting 'thief, thief..'. The neighbours also chased P.W.10 but they could not catch him. As the appellant became angry over the deceased for her illicit intimacy with P.W.10, he poured kerosene with a plastic tin on the deceased and set fire to her with a matchstick. Resultantly, the deceased was gutted in flames and received severe burn injuries on her body. The thatched house of the deceased was also completely burnt. The deceased came out from her house and raised alarm to protect herself by shouting that the appellant poured kerosene on her and set fire, and this was witnessed by the inmates and neighbours (L.Ws.7, 8, 10, 11, 13, 15, 16, 17, 18, and 19, and P.Ws.7, 8 and 9). Later, the deceased was shifted to Government Hospital, Chintalapudi, through P.W.5 and L.W.21 for treatment and she was admitted therein. While the deceased was undergoing treatment at the Government Hospital, she narrated the incident to P.Ws.1 to 5. On 27.3.2006 at 1.00 a.m., P.W.17, on receipt of hospital intimation, recorded the statement of the victim while she was alive and registered the same as FIR No.35 of 2006 under Section 307 IPC. Earlier, P.W.15 recorded the dying declaration of the deceased before her death at the Government Hospital, Chintalapudi, in the absence of the Mandal Revenue Officer, Chintalapudi, as the regular Judicial Magistrate of First Class post was vacant. On 27.3.2006 at 8.30 a.m., on receipt of the death intimation of the deceased from the Government Hospital, Chintalapudi, a fresh FIR was registered by P.W.17, by altering the Section of Law from 307 IPC to Section 302 IPC. P.W.18 took up the investigation, visited the scene of offence, got drafted Ex.P.12, the scene observation report, by P.Ws.12 and 13, prepared a rough sketch and got photographed the scene of offence and dead body of the deceased through P.W.11. P.W.18 recorded the statements of the witnesses and continued his further investigation. P.W.16 conducted the inquest over the dead body of the deceased in the presence of P.Ws.12 and 13, and L.W.28, and sent the dead body for post -mortem examination, through L.W.34. On 28.3.2006 at 4.00 p.m., the appellant was arrested near Water Tank, on the outskirts of Chintalapudi Village, by P.W.18, in the presence of L.Ws.29 and 30. The appellant was sent to judicial remand after intimating his arrest to his brother - P.W.6. P.W.14, the Civil Assistant Surgeon, Community Health Center, Chintalapudi, issued Ex.P.14, post -mortem report wherein he has opined that the deceased suffered 96% superficial burns and the cause of her death was hyporalimic shock, approximately 12 to 16 hours prior to the post -mortem examination. P.W.18 has sent the seized material objects to Forensic Science Laboratory (FSL), Hyderabad, through Sub - Divisional Police Officer, Jangareddigudem, with a letter of advice. The Assistant Director of the FSL, issued the report to the effect that no flammable substances were found in the material objects sent to them. After completion of the investigation, P.W.18 filed the charge sheet.

(3.) The plea of the appellant was one of denial. Therefore, the prosecution has examined P.Ws.1 to 18 and marked Exs.P.1 to P.27. No evidence was let in on behalf of the defence.