- (1.)The Appellant is the 1st accused/A-1. A-1 was charged in the lower Court for offences punishable under Sections 498A and 302 I.P.C. A-2 is father of A-1. A-2 was charged for the offence under Section 498A/34 I.P.C. The lower Court i.e., I Additional Sessions Judge, Krishna at Machilipatnam in Sessions Case No. 247 of 2005 by judgment dated 30.04.2007 found A-2 not guilty of the charge under Section 498A/34 I.P.C and acquitted him. A-1 was also found not guilty of the charge under Section 498A I.P.C. But, A-1 was found guilty of the charge under Section 302 I.P.C and was convicted and sentenced to life imprisonment for the said offence. The deceased Kolluri Bhavani is no other than wife of A-1. Marriage of the deceased with A-1 was performed about five years prior to death of deceased. The deceased died of shock due to extensive burns on 12.12.2004. The deceased sustained burns on 10.12.2004 at about 20.00 hours in her house at Vakkalagadda village of Challapalli Mandal. Immediately she was taken to Government Head Quarters Hospital, Machilipatnam for treatment. After receiving Ex.P.27 hospital intimation, P.W-15 head constable in the police outpost at that hospital went to the hospital and recorded statement of the deceased as Ex.P-28 at about 12.50 A.M on 11.12.2004. On receiving Ex.P-25 hospital intimation, P.W-14 the Special Judicial Magistrate of the First Class for trial of Prohibition and Excise Cases, Machilipatnam went to that hospital and recorded Ex.P-26 dying declaration of the deceased at about 01.30 A.M on11.12.2004. Basing on Ex.P-26 statement of the deceased who was then undergoing treatment in the hospital, P.W-18 Sub Inspector of Police, Challapalli Police Station registered case in Crime No. 103/2004 on 11.12.2004 at about 9.00 A.M. under Sections 498A and 307 I.P.C and issued Ex.P-29 F.I.R. P.W-18 took up investigation initially. He observed scene of offence and prepared Ex.P-32 rough sketch of the scene and got prepared Ex.P-22 scene of offence observation report. During investigation, he also examined witnesses. On receipt of Ex.P-30 death intimation of the deceased from the hospital, P.W-18 altered section of law in Crime No. 103/2004 to Sections 302 and 498A I.P.C and intimated the same to the Magistrate as per Ex.P-31 altered F.I.R. Subsequent investigation was taken up by P.W-16 Inspector of Police, Challapalli Circle who conducted inquest on dead body of the deceased in the presence of panchayatdars including P.W-11 under the cover of Ex.P-22 inquest report. P.W-12 is the Civil Assistant Surgeon in Government Head Quarters Hospital, Machilipatnam. He conducted autopsy on the dead body of the deceased on 12.12.2001 and issued Ex.P-24 post mortem examination certificate opining that cause of death was due to shock due to extensive burns. P.W-16 arrested A-1 on 13.12.2004 and arrested A-2 on 01.02.2005 and after completion of investigation filed charge sheet.
(2.)It is prosecution case that on 10.12.2004 at about 20.00 hours, the deceased asked A-1 to take meals carriage/carrier to her elder sister's daughter Naga Durga who delivered baby in Bhargavi Nursing Home at Challapalli and thatA-1 bluntly refused to do the same and abused the deceased in filthy language and beat her and decided to kill the deceased as she was ready to go to house of her parents. It is specific case of the prosecution that A-1 poured kerosene on the deceased and lit match stick with an intention to kill her and that when flames engulfed the deceased, she raised hue and cry and that the accused went away from the scene and that on hearing cries of both the deceased and another by name Durgarani who witnessed the offence, neighbours came and put off the flames and shifted her to the Government Head Quarters Hospital, Machilipatnam for treatment.
(3.)For the charges, A-1 pleaded not guilty. He did not take up any other specific plea of defence. During trial in the lower Court, the prosecution examined P. Ws 1 to 18 and marked Exs.P-1 to P-36 and M. Os 1 to 4; and D.W-1 was examined on behalf of the accused. D.W-1 is no other than daughter of the deceased and A-1. She was stated to be aged 7 years on 19.04.2007 when she was examined as D.W-1 in the lower Court. By the date of offence which took place on 10.12.2004, she was aged only 4 years. According to D.W-1, the deceased/her mother poured kerosene on herself and set fire to herself as she was suffering from stomach ache. According to D.W-1, A-1 was not in the house by then and A-1 returned to their house from coolie work after half an hour of shifting the deceased to hospital.