PYDIMALLA BABURAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence awarded to the sole accused in Sessions Case No. 75 of 74 on the file of the Last Godavari Session Division. The appellant-accused has been convicted under section 302 I.P.C. and has been sentenced to suffer imprisonment for life.

(2.) The case of the prosecution is Asservadam, (the deceased in this case) at first married one Pentamma. After the death of the said Pentamma, he married Avvamma (P.W. 2) in May 73 P.W.2 in the sister of Pydirnalla Baburao, the accused-appellant. During the second half of 1973, P.W. 2 had an attack of measles. In January 74, Asseervadam again married one Suseela. He was living with Sussela in the village of Kolamuru. After P.W. 2 recovered from the measles, she raised a dispute questioning the conduct of Aseeravadam in marrying Suseela in the village of Kolamuru. After P.W. 2 recovered from the measles, she raised a dispute questioning the conduct of Aseeravadam in marrying Sussela, despite the subsistence of her wedlock with Aeervadam. The elders advised Aseervadam to live with PW 2 for some time and see if he could continue to live with her all-through his life so that he could divorce Suseela. The elders further stated that if Aseervadam and PW2 could not live amicably, the defaulting spouse should pay a penality of Rs. 400/- to the other spouse and Asservadam could them live with Suseela. It would appear that is the dispute between Asservadam and P.W. 2 the accused was taking active part and naturally in support of his sister P.W. 2.

(3.) While so, Aseervadam went one morning from Kolamuru to Gadala where he was orginally residing and where he had a house of him own. After visiting his house, he was leaving back for Kolamuru by about 9.30 a.m. On the way when he reashed the local church of Gadala, Kerosene was powered over his clothes from behind. He turned back and found the accused who immediately after pouring the kerosene lighted a matchstick and threw the lighted match over the clothes of Aseervadam. The clothes got fire and despite ruggle and all attempt by Asservodam to save hims of, he sustained severe burn injuries. The accused having run away from the place soon after throwing the lighted match-stickagainst Asceram, from the place where he sustained burn injuries, Aseervadam was rushed by his relation PW5 to the house of an Ayurvedic doctor in Gadala. After examining Aseervadam the Ayurvedic doctor advisee PW.5 to take Aseervadam to the Government Head quarters Hospital at Rajaahmundry for proper treatment. P.W.5 took Aseervadam to the house of the village Munsiff (P.W.6). The village Munsiff also advised P.W.5 to take Aseervadam to the Government Hospital, Rajahmundry. By this time, the mother of Asservadam (P.W.1) came there. P.W.1 P.W.5 and others rushed Aseervadam to the Government Headquarters Hospital, Rajahmundry.