THOTA PANDURANGA RAO Vs. STATE OF A P

JUDGEMENT

(1.) The sole accused in Sessions Case No. 152 of 1994 on the file of the Sessions Judge, Krishna District is the appellant. He was tried for the charges punishable under Sections 380,354,451 and 302, IPC. Out of the four charges, the appellant- accused was found guilty of the charges under Sections 354,451 and 302, IPC and was sentenced to undergo rigorous imprisonment for two years on the first count, three years rigorous imprisonment on the second count and imprisonment for life and also to pay a fine of Rs. 5,000/-, in default, to suffer rigorous imprisonment for six months under the third count. The appellant- accused was, however, found not guilty of the charge under Section 380, IPC. As against the conviction and sentence as indicated above, the present appeal is preferred before us by the appellant-accused.

(2.) The gravamen of the charges against the accused is that on 11 th February, 1993 around 2.00 p.m. the accused trespassed into the house of the deceased Saladi Kamala Kumari (aged 30 years) and committed theft of Rs. 500/- and thereafter, he tried to outrage the modesty of said Kamala Kumari and when she refused to have sexual intercourse, the accused poured kerosene on her and set her fire with a match stick. On 18-2-1993 around 8.15 a.m. the deceased succumbed to her burn injuries at the Government Hospital, Machilipatnam.

(3.) The prosecution case in a nutshell is that the accused and the material prosecution witnesses and the deceased are residents of Tarakaturu village. P. W. 1 is the mother of the deceased. P. W.2 is the younger sister of the deceased. P.W.3 is the neighbour of the deceased. P.W.4 is the daughter of the deceased. P.W.5 is the son and P.W.7 is the husband of the deceased. According to the prosecution, the deceased and her husband (P.W.7) were living in Tarakaturu village by.doing coolie work. P. W. 7 purchased 60 cents of land from P. W.6 and got it registered in the name of P.Ws. 4 and 5.