SYED KAMRUDDIN Vs. THE STATE OF A.P.

JUDGEMENT

(1.) This appeal under Section 374(2) CrPC is directed against the judgment dated 23.02.2011 passed by the learned VII Additional District and Sessions Judge, Madanapalle, in Sessions Case No.51 of 2010, convicting the appellant, the sole accused therein, under Section 302 IPC and sentencing him to imprisonment for life for committing the murder of his wife, Pullivalla Manjula @ Bujji, by pouring kerosene over her body and setting her on fire.

(2.) The case of the prosecution, in brief, was as under: The Sub- Inspector of Police, Panjani Police Station (P.W.15), received Ex.P1 complaint from P.W.1 stating that the accused had poured kerosene on the deceased, his sister, and set her on fire. P.W.15 registered a case in Crime No.16 of 2009 under Section 302 IPC and sent the express FIR to all concerned. Ex.P16 is the FIR. As the Inspector of Police of the jurisdiction was transferred and the post was vacant, P.W.15 was instructed by the Sub-Divisional Police Officer, Palamaner, to conduct the investigation in the case. He thereupon went to S.V.R.R.Hospital, Tirupati, and held an inquest over the body of the deceased after securing witnesses and panchayatdars. He then requested the Doctor to conduct the post-mortem examination of the body. P.W.15 examined P.Ws.1 to 5 and recorded their statements under Section 161 CrPC. On the next day, 26.02.2009, he visited the scene of the offence at Dommarapalem Village and prepared the rough sketch of the scene of the offence (Ex.P17). Ex.P18 is the scene observation-cum-seizure mahazarnama, whereunder he seized a partly burnt red coloured cloth (M.O.1), a partly burnt green coloured plastic kerosene tin (M.O.2) and three beedi butts (M.O.3). This seizure was effected in the presence of mahazardars. On the same day, he secured the presence of P.W.6 and P.W.7 and recorded their statements. He enquired as to the whereabouts of the accused but found that he was absconding. The investigation was then taken over by T.Anjaneyulu, Inspector of Police, Palamaner, (L.W.17), who arrested the accused on 14.03.2009. Upon completion of the investigation, T.Anjaneyulu, Inspector of Police (L.W.17), laid the charge sheet.

(3.) Upon committal, the Sessions Court charged the accused with the murder of his wife, Pullivalla Manjula @ Bujji, by pouring kerosene and setting her on fire, thereby committing an offence punishable under Section 302 IPC. The accused denied the charge and claimed to be tried. The prosecution examined 17 witnesses before the Sessions Court and marked in evidence 20 exhibits. The accused did not choose to adduce any evidence. Case properties were marked as M.Os.1 to 3.