LAWS(APH)-1997-8-12

PALLAPOLU NARASIMHA RAO Vs. STATE OF ANDHRA PRADESH

Decided On August 01, 1997
PALLAPOLU NARASIMHA RAO Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The sole appellant in this case was convicted for the offence u/S. 302, I.P.C. and sentenced to undergo imprisonment for life.

(2.) The facts of the case, in brief, are as follows : The accused was working as an Attender in the City Civil Court, Hyderabad. He was a married person having children. The husband of the deceased, who was working as attender in the City Civil Court, died and after his death the deceased was given the job of Attender, on compassionate grounds and she was working in the Metropolitan Sessions Judge's Court, Hyderabad. The accused developed illicit intimacy with the deceased and ultimately married her at Yadagirigutta. The accused and the deceased were residing at Dhobigalli, Malakpet, Hyderabad. The accused used to come home fully drunk and beat the deceased, suspecting her fidelity. On 23-3-1994, when the deceased returned home from duty at about 6 p.m., the accused questioned her as to why she came late. The deceased in reply, stated that there was traffic-jain at Afzulgunj and the bus came late. Thereupon, the accused picked up quarrel with the deceased and took out kerosene tin and poured kerosene on the deceased and lit with match stick. The deceased came out of the house raised hue and cry, when the neighbors gathered and extinguished the fire. P.W. 12 received a telephonic message from the locality people and rushed to the house of the deceased and shifted her to Osmania General Hospital. He recorded the statement of the deceased at the hospital and basing upon it he registered a case u/S. 307, I.P.C. After the usual investigation, he gave a requisition to the IV Metropolitan Magistrate, Hyderabad (P.W. 4), for recording the dying declaration of the deceased and accordingly the magistrate recorded the dying declaration of the deceased, Ex. P. 5. Witnesses were examined, at the scene of offence panchanama was drafted, and incriminating material was seized by P.W. 12 in the presence of P.W. 8 and another. During the investigation the deceased succumbed to the burn injuries and thereafter the offence was altered to S. 302, I.P.C. P.W. 14. Inspector of Police, took up the further investigation by holding the inquest over the dead body of the deceased and getting the post-mortem examination done on the dead body on 24-3-1994. Since the accused also sustained burn injuries he himself got admitted in Osmania General Hospital. But, he thereafter absconded. However, the accused was arrested on 25-3-1994. After investigation the charge-sheet was filed.

(3.) The prosecution examined 15 witnesses, P.Ws. 1 to 15 and marked Exhibits P1 to P23, to Prove its case. When examined u/S. 313, Cr. P.C., the accused pleaded not guilty. After considering the entire evidence on record, the learned Sessions Judge convicted and sentenced the appellant as stated supra.