JUDGMENT

Anil R. Dave, J. —

1) Being aggrieved by the Judgment and order dated 3rd July, 2009, passed in Criminal Appeal No.579 of 2004 by the Andhra Pradesh High Court, confirming the order of conviction passed by the trial court, this appeal has been filed by the appellant who has been convicted under the provisions of Section 304 Part II of the Indian Penal Code and has been sentenced to undergo simple imprisonment for five years. The case of the prosecution in a nut shell is as under.

2) Chirra Shantha (the deceased) had strained family relations with her husband’s brother, the appellant. There was a family dispute with regard to a property wherein the husband of the deceased and the appellant were residing and the appellant wanted his brother Nagabhushanam to leave the property. It is alleged that the appellant used to regularly abuse the deceased and on 21st April, 1999, around 1.30 p.m., he had abused the deceased to such an extent that the deceased was fed up with the abusive language and so as to get rid of the appellant for the time being, she had poured kerosene on herself, believing that the appellant would go away because of her pouring kerosene on herself but while us