PAMIDAKULA SIVA SADA CHARI Vs. STATE OF AP

JUDGEMENT

(1.) THIS appeal is filed at the instance of the sole accused assailing the judgment, dated 28. 09. 2005 in S. C. No. 307 of 2002 on the file of thex Additional Sessions Judge (FTC), Guntur, narasaraopet, convicting him for an offence under Section 302 IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default to undergo simple imprisonment for one month.

(2.) THE case of the prosecution, in brief, is that on 08. 03. 1998 at about 10. 00 PM, the accused poured kerosene and set fire to the deceased Nali Guravamma, aged 35 years, who is the wife of Late Venkata Subbaiah and who happened to be the mistress of the accused. She died on the next day i. e. , 09. 03. 1998 in the Government Hospital, narasaraopet. The further case of the prosecution is that the deceased was shifted to the Government Hospital by Nali Srinu. P. W. 12-Civil Assistant Surgeon in Government hospital, Narasaraopet, after giving first aid to the deceased, sent Ex. P-7-intimation to the police to make arrangements to take the patient to the Government General Hospital, guntur, since the facilities are not available. He also sent Ex. P-17- intimation to the i Additional Judicial Magistrate of First Class, narasaraopet, for recording the dying declaration.

(3.) P. W. 7, who is the Head Constable of narasaraopet Town Police Station, stated that on receipt of Ex. P-7-intimation, he reached the hospital and found P. W. 13 - I Additional munsif Magistrate, Narasaraopet, who recorded the dying declaration of the deceased at 11. 40 PM, and later, he gave requisition to the said Magistrate to submit the copy of dying declaration, which is marked as Ex. P-9. On the strength of Ex. P-9, he registered a case in Crime No. 284 of 1998 under section 307 IPC of Narasaraopet Police Station and issued express FIR to all the concerned. P. W. 7 after visiting the scene of offence, prepared Ex. P1-observation report and seized m. O. 1- Match box, M. O. 2- white plastic tin with five litre kerosene without cap, and then he drafted Ex. P-12-rough sketch of the scene of offence and came to the hospital.