KADAMANCHI LAXMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Kadamanchi Laxmi, sole accused, has challenged the legality of Judgment, dated 19-11-2013, in S.C.No.568 of 2012, on the file of the II Additional Sessions Judge at Warangal, whereby she was convicted for the offence punishable under Section 302 IPC, and sentenced to undergo life imprisonment, to pay a fine of Rs.100/-, and in default of payment of fine, to undergo simple imprisonment for a period of one month.

(2.) Briefly, the facts of the case are that the deceased (Kadamanchi Yellaiah) was eking out his livelihood by grazing his pigs in Jangaon. About twenty years back, his first wife died leaving one son, namely Kadamanchi Kanakaiah (P. W. 3). Later, Kadamanchi Yellaiah entered second marriage with the accused-appellant. They were blessed with a son and a daughter. About four days prior to the date of incident, since Kadamanchi Yellaiah sold pigs for the purpose of consuming liquor, a quarrel ensued between the accused and him. On 01.06.2012 at 5:00 pm, the accused raised a quarrel with him, while he was sitting in the backyard of the house. The accused with an intention to do away with him, poured kerosene on him, saying "Lanja Koduka Nuvvu Chavu, Nuvvu Chachipothe Peeda Vaduluthundi (son of bitch, you die, if you die, nuisance will come to an end)" and set him ablaze. Consequently, Kadamanchi Yellaiah sustained burn injuries all over the body. Upon hearing his hue and cry, Mr. Kadamanchi Kanakaiah (P. W. 3), Smt. Sirupati Mysamma (P. W. 4) and Mr. Pastham Komuraiah (P. W. 6) rushed to his rescue. They shifted him to the Area Hospital, Jangaon for treatment.

(3.) On 01.06.2012 at 5:30 pm, on receipt of information from the Government Hospital, Jangaon, Mr. R. Narender (P.W.15), the Inspector of Police rushed to the hospital, and recorded the statement of the deceased (Ex. P. 20) in the presence of the duty doctor. R.Narender (P. W. 15) read over the statement to the injured. The injured admitted the said statement to be correct. Thereafter, R.Narender (P. W. 15) obtained the signature of the duty medical officer who certified that the patient is conscious, and coherent at the time of giving statement. The doctor signed the statement (Ex. P. 20). Based on the statement of the deceased (Ex. P. 20), R.Narender (P. W. 15) registered a case, namely Crime No. 167 of 2012 for offence under Section 307 IPC. Mr. Jala Ramesh (P. W. 13) videographed the statement of the deceased (Exs. P. 11 & P. 19). R.Narender (P. W. 15) sent a requisition (Ex. P. 9) to Mr. V.Ram Murthy (P.W.9), Tahsildar, Jangaon, for recording the dying declaration as the Judicial Magistrate at Jangaon was not available. Consequently, V.Ram Murthy (P. W. 9) recorded the dying declaration of the deceased (Ex. P. 10).