MIRZA GHANI BAIG Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is by the sole accused in S.C.No.284 of 1994 on the file of the Metropolitan Sessions Judge, Hyderabad, who by his order and Judgment dated 12-6-1996 convicted the accused -appellantfor offence under Section 302 IPC and sentenced him to undergo imprisonment for life.

(2.) A few facts which are necessary to dispose of this appeal are as follows: On tine intervening night of 7/8-9-92 P.W.9 the Head Constable received a telephonic message from Gandhi Hospital, Secunderabad, stating that one Smt. Anees Fatima was admitted in Female Burns Ward. He prepared a requisition letter to V Metropolitan Magistrate, Hyderabad, for recording the dying declaration of deceased Anees Fatima. P.W.9 recorded the statement of the deceased in which she stated that her husband came to the house in a drunken condition, that she gave food to her husband, after taking food while Thereafter, he poured kerosene on her person, lighted a match stick and set her ablaze. When she made hue and cry, the brother-in-law and the sister of the accused came and forcibly got opened the door and put out the flames and covered her with a blanket and shifted her to Gandhi Hospital for treatment and she died on 13-9-1992.

(3.) P.W.I is the mother of the deceased Anees Fatima and P.W.3 is the brother of the deceased. The marriage of the deceased with the accused took place on 21-2-86. For about two years the deceased and the accused lived happily. Thereafter, the accused used to come in a drunken state and beat the deceased. About two years prior to her death, the deceased told P.W.I that the accused was beating her to bring money from her parents as he wants to start a business in iron scrap material and so P.W.I gave Rs.30,000/- to the accused. Accused opened a shop of steel scrap materials. Even thereafter, he was beating the deceased in a drunken state. About 8 days prior to the death of the deceased, the accused took the deceased from P.W.l's house. Two days after the accused took the deceased to his house, the brothers of the accused came to the house of P. W.1 and informed P.W.I and P.W.3 that the deceased sustained burn injuries. Then P.Ws. 1 and 3 went to Gandhi Hospital and found the deceased with burn injuries. On enquiry the deceased told P.Ws. 1 and 3 that the accused came to the house in a drunken state and after taking food, he was about to leave the house. When she objected for the same, the deceased beat her and later poured kerosene on her person and lit match stick and burnt her. She also told them that the elder brother of the accused and his brother-in-law P. W.2 came and covered her with a blanket and put out the flames. On 8-9-92 P.W.4, the V Metropolitan Magistrate, Hyderabad received a requisition from the police to record the dying declaration of the deceased. After satisfying himself that she was in a fit condition to give the statement, he recorded her statement. Ex.P.3 is the dying declaration of the deceased. P.W.5 was present at the time of the police observing the scene of offence. They found a blanket on the bed and it was half burnt. They also found a plastic kerosene tin M.O.I with kerosene and there was a match box on the ground. P. W.6 is inquest panch witness and he attested the inquest report Ex.P.6. The Head Constable P.W.9 on the instructions of the Inspector of Police went to Gandhi Hospital and recorded the statment of the deceased Ex.P.7. P.W.7 is another Head Constable who received Ex.P.7 and registered it as F.I.R. in Cr.No.455/92 under Section 307 IPC and handed over C.D. file to Surya Prakash, the S.I. of Police P.W.10 for investigation. P.W.10 visited Gandhi Hospital and examined the deceased and recorded her statement U/s 161 Cr.P.C. He visited the scene of offence and examined P.Ws. 1.2 and some others. P.W.8 is the photographer who took the photos of the scene of offence. P.W.10 also conducted inquest over the dead body in the presence of Inspector of Police in mortuary room in Gandhi Hospital. After inquest he gave a requisition for conducting post-mortem examination. P. W.11 is the Medical Officer. He conducted post-mortem examination on the dead body and opined that the cause of death is due to burns and its complications. He issued the post-mortem certificate Ex.P.16. P.W.12 is the'Inspector of Police who took up investigation from P.W.10 and after completion of investigation, he filed the charge sheet.