K. MALLAIAH Vs. P.P., HYDERABAD

JUDGEMENT

(1.) This Criminal Appeal is filed against the Judgment dtd. 19/9/2014, in S.C.No.111 of 2012 passed by the learned Metropolitan Sessions Judge, Hyderabad.

(2.) The case of the prosecution is that as per the statement of the deceased recorded by the Head Constable on 29/9/2011 at about 1:45 AM, one Kamma Nirmala/deceased stated that her marriage with the accused was performed 10 years back and he was working as LIC agent and he was also a CPM leader. They did not beget children. On 28/9/2011 at about 11:30 PM, accused came in drunken condition, picked up quarrel with her and in intoxicated condition poured kerosene on her and set her ablaze by scolding her in filthy language. She sustained burn injuries and immediately her paternal uncle K.Ramulu, who was residing in the neighboring street, came and extinguished fire with a blanket. In the meanwhile, her father D.Yadaiah and her brother D.Kiran also came to her and shifted her to hospital in an auto and police registered a case in Cr.No.325 of 2011 for the offence under Sec. 307 of IPC. Later, when she succumbed to injuries, the Sec. of law was altered from 307 IPC to 302 IPC.

(3.) To prove the guilt of the accused, prosecution examined P.Ws.1 to 18 and marked Exs.P1 to P12B and also marked M.Os.1 to 3. The trial Court after considering the oral and documentary evidence, convicted the accused and sentenced to undergo life imprisonment and to pay a fine of Rs.10,000.00 for the offence punishable under Sec. 302 of IPC. He was also sentenced to undergo simple imprisonment for a period of 2 years and to pay an amount of Rs.5,000.00, in default to suffer simple imprisonment for a period of three months for the offence punishable under Sec. 498-A of IPC. Aggrieved by the said judgment, accused preferred the present appeal.