SURISETTY PITCHAIAH Vs. STATE OF A P

JUDGEMENT

(1.) Sole accused in SC No.467 of 1989 on the file of the I Addl. Sessions Judge, Cuddapah, has preferred this appeal against the judgment and order convicting and sentencing him to life imprisonment for the offence punishable under Section 302 IPC.

(2.) The substance of the charge against the accused is that on 25-3-1989 at about 10.00 a.m., he poured kerosene on Surisetti Jayamma and set her on fire and as a result she died at the Government Headquarters Hospital, Cuddapah, on the same day at 2.30 p.m.

(3.) The prosecution case briefly stated is that the accused is the husband of the deceased (Jayamma). The accused married the deceased 17 years back and she was living with the accused and that they did not have children. The accused for the past 3 or 4 years developed illicit intimacy with his neighbour Ramanamma, wife of Chinna Gurrappa of Mydukur and on that account, the Accused was ill-treating the deceased. About two months back, prior to the occurrence, the accused beat the deceased and drove her away. PW1 (Penujuvvi Ramaiah) the father of the deceased sent her back to the accused along with his son PW2 (P, Venkata Subbaiah) and PW3 (UNarosimha Reddy). On 25-3-1989 at about 10.00 a.m. the deceased and the accused were in the house, and the accused beat the deceased with hands and legs and snatched away her gold bangles, rings and then poured kerosene on her and set fire saying 'Chave Lanja'. The deceased ran into the street with flames. PW6 (M.Subbamma), fruit vendor caught hold of the deceased as she was falling and took her in a rickshaw to private nursing home of PW10 (Dr. C.N. Rangasimha), Medical Practitioner. On intimation from the said nursing home, PW9 (K.V. Subbaiah), Head Constable, went to the hospital and the deceased gave a complaint to him under Ex.P4 in the presence of PW10 and he certified that the deceased was conscious at the time of giving the complaint.