KADIYAMSETTY VENKATA Vs. STATE OF A P

JUDGEMENT

(1.) THE sole accused in S. C. No. 155 of 2005 on the file of the Sessions Judge, Vizianagaram is the appellant. He was charged with the offences punishable under Sections 498-A and 302 I. P. C. The trial Court acquitted him of the charge for the offence punishable under section498-A I. P. C. but convicted him for the offence punishable under Section 302 I. P. C. and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 1,000/- (Rupees one Thousand only ).

(2.) THE prosecution pleaded that the appellant killed his wife, by name Uma maheswari, by pouring kerosene. It was stated that on 18. 07. 2005, the elder brother of the appellant (P. W. 3) went to the house of the appellant and, while he was there, the appellant came to the house at about 9. 00 p. m. in a drunken condition. It was alleged that suspecting the fidelity of his wife, the appellant poured kerosene on her and set her on fire with a match stick, and ran away from the scene of offence. It was stated that on hearing the hue and cry raised by the deceased, her son (P. W. 4) went to the house of the parents of the deceased (P. W. 1 and 2) and her brother one mr. Krishna. The deceased was shifted to hospital and, while undergoing treatment, she died on 22. 07. 2005.

(3.) THE Head Constable, in-charge of Out post, District Headquarters Hospital, vizianagaram, P. W. 13, rushed to the hospital on receiving the information and recorded the statement of the deceased at 11. 00 p. m. and the said statement was marked as Ex. P-17. This was followed by recording of the dying declaration of the deceased, marked as ex. P-7, by the local Judicial Magistrate of first Class, P. W. 10. The deceased succumbed to the burn injuries on 22. 07. 2005. The Investigating Officer visited the scene of offence, prepared the rough sketch, marked as Ex. P-19, and seized the burnt cloth pieces-M. O. 1, kerosene bottle- M. O. 2 and match box- M. O. 3, in the presence of P. W. 7 and another. Photographs of the scene of offence were also taken and the same were marked as exs. P9 to P12. After the deceased succumbed to the injuries on 22. 07. 2005, Section of law in the F. I. R. was altered and inquest was conducted overthe dead body in the presence of P. W. 8 and another. Ex. P2 is the inquest report. P. W. 11 conducted the autopsy over the dead body and Ex. P8 is the post mortem report.