NARWADE MAROTHI Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellant is the sole accused in Sessions Case No. 112 of 2008 on the file of the Court of I-Additional Sessions Judge, Adilabad (for short, trial Court). He was tried for an offence punishable under Section 302 IPC, for causing the death of his wife namely Narwade Laxmi on 16-09-2007 at 7.00 AM. Vide Judgment dated 17-01-2012 the trial Court found the accused guilty of the charge under Section 302 IPC, and sentenced him to suffer 'imprisonment for life' and to pay a fine of Rs. 1,000/- in default, simple imprisonment for two months.

(2.) The case of the prosecution as culled out from the evidence is as under:-

(3.) On the basis of the requisition sent by P.W.15, P.W.13, the M.R.O., Kuber, proceeded to the Government Hospital and recorded the statement of the injured. He put some preliminary questions and after being satisfied with regard to the mental fitness of the deceased, recorded the statement of the injured. She stated that on 15-09-2007, her husband quarrelled with her and thereafter they slept without taking meals on that night and that on 16-09-2007, she gave some amount to her husband at 7.00 A.M., for bringing provisions and that immediately, the accused poured kerosene on her, set her ablaze and left the house. Ex.P.7 is the dying declaration. On the next day, P.W.15 visited the scene of offence, which is situated at Palsi village. In the presence of panch witnesses. P.Ws.8 and 9, he conducted a panchanama of the scene of offence and also seized M.O.1 burnt pieces of saree of the deceased, M.O.2 one aluminum vessel and M.O.3 the match box. On 17-09-2007, the injured was referred to Nizamabad Government Hospital for better treatment. On 22-09-2007, he received a telephonic message from Nizamabad Government Hospital about the death of the injured. On the basis of the said information, he altered the section of law from 307 I.P.C., to 302 I.P.C., and issued Ex.P.11, the altered memo. Thereafter, he gave a requisition to P.W.13 to conduct inquest over the dead body of the deceased, as the death was within seven years of marriage. He accompanied P.W.13 to the Government Hospital, Nizamabad, for conducting inquest. Further investigation was taken up by P.W.14, the Circle Inspector of Police, Bhainsa. On 22-09-2007, P.W.11-the Civil Assistant Surgeon, Government Hospital, Nizamabad, conducted post mortem examination over the dead body of the deceased and issued Ex.P.6 the Post Mortem Report. She noticed burn injuries all over the body and opined that the cause of death was "shock and septicemia due to external depth of 90-95% burns all over the body". P.W.14 continued with the investigation by recording the statements of P.Ws.5 and 7. On 7.10.2007 he arrested the accused and after completing the investigation, filed the charge sheet, which was taken on file as PRC No. 13 of 2008 on the file of Judicial Magistrate of First Class, Bhainsa.