CHINNAPATTUNAGAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole accused in SC No.236 of 1994 which was decided by the III Additional Sessions Judge at Chittor, Tirupati, is the appellant herein. The accused was tried for the offence under Section 302 IPC. On evidence the learned Judge found him guilty and sentenced him to suffer imprisonment for life. Hence this appeal by the sole accused.

(2.) The prosecution story can be briefed as follows: It was alleged by the prosecution that the accused was having illicit intimacy with one Ammanamma of Thopu Harijanawada of S.S.B. Peta of Pitchatur Mandal for the last 20 years. The deceased Ammanamma has a daughter from her husband. She performed her marriage and thereafter she requested the accused not to visit her house. But on 29-3-1994 at about 10.30 p.m. the accused went to the house of Ammanamma and forced her to have sexual intercourse with him. But Ammanamma refused to do so. Thereupon the accused is alleged to have dragged her into her hut and he himself became naked and again forced her to submit herself for sexual intercourse with him. But when she again refused, the accused got wild. It is further alleged by the prosecution that the accused poured kerosene on her and set her fire with a match stick with an intention to kill her. During this process the accused is also alleged to have received burn injuries on his hands and left thigh. On hearing the cries of Ammanamma the neighbours appeared at the scene and she was admitted in S.V.R.R. Government Hospital. They also alleged to have given a complaint to the Village Administrative Officer who in turn sent it to the SI of Police, Pitchatur P.S. Thereafter, when the relatives of Ammanamma wanted her to take to Madras for expert treatment she died on the way on 31-3-1994 at about 5.00 a.m. Originally the crime was registered under Section 307 IPC but it was altered later to one of 302 IPC after the death of Ammanamma.

(3.) The plea of the accused is one of total deniel. It is also suggested by the accused way of defence that the said Ammanamma herself committed suicide and he has been falsely involved in this case.