NAGULA GANGA JAMUNA Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellant/accused aggrieved by the judgment dtd. 5/3/2012, in S.C.No.140 of 2008, on the file of the III Additional District and Sessions Judge (Fast Track Court), Nizamabad (hereinafter referred to as 'the trial Court'), whereunder the appellant/accused was found guilty for the offence under Sec. 304-II of IPC and sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.200.00 in default to undergo simple imprisonment for a period of one week.

(2.) Heard learned counsel on either side and perused the material placed on record.

(3.) The case of the prosecution is that on 2/4/2007 around 03.30 p.m., PW1, who is the VRO of Dharpally village, lodged a complaint with the police stating that a dead body was found with burnt injuries and at a distance a boy was alive struggling for his life. At the scene, there were broken pieces of bangles and blood stains. The dead body was identified as that of the deceased Veldurthi Srinivas (deceased No.1). PW11 registered the crime and investigation was taken over by PW12/Investigating Officer. He went to the scene of offence and meanwhile, the dead body was shifted to the Government Hospital at Nizamabad. The boy (deceased No.2) was barely breathing and thus, his statement could not be recorded by the police officer. Meanwhile, deceased No.2 died in the hospital while undergoing treatment. After sending deceased Nos.1 and 2 to the hospital for post mortem examination, PW12 then went to the scene of offence and conducted scene of offence of panchanama and inquest proceedings. At the scene, PW12 recorded statements of PW2, PW3 and PW4. According to PW3, he saw the appellant and her son, while they were going on the motor cycle of deceased No.1 around 4 or 5 p.m., on 1/4/2007.