T. MEENA KUMARI, J.

( 1 ) THIS appeal is directed against the judgment of the learned Sessions Judge, Nizamabad, in Sessions Case No. 345 of 1997 dated 30-7-2001, whereby the appellant-accused was convicted of the offence punishable under Section 302 of I. P. C. and sentenced to undergo imprisonment for life.

( 2 ) THE case of the prosecution, in brief, is that Smt. Savithri (hereinafter referred to as the deceased ) was married to the appellant-accused. About l 1/2 years prior to 25-1-1996 the accused took loan from State Bank of Hyderabad, Sarangapoor for running a pan shop at Navipet, but he did not utilize this amount towards the pan shop and spent the amount lavishly. He was harassing and ill-treating his wife - the deceased to bring an amount of Rs. 5,000/- towards dowry from her elder brother. The deceased approached her elder brother, but could not secure that amount as he expressed his inability to pay the dowry amount. As a result, on 25-1-1996 at about 7 a. m. , there was exchange of hot words between the accused and the deceased and the accused poured kerosene on her and set fire to her with an intention to kill her. The said incident was witnessed by P. W. 2-Ratnavath Raju and his wife smt. Ratnavath Anju. The deceased was shifted to Government District Headquarters hospital, Nizamabad. On a complaint given by P. W. 1. Smt. Rathod Laxmi, sister-in-law of the deceased, P. W. 10-Sub-Inspector of police, Navipet Police Station registered a case in Crime No. 18 of 1996 against the appellant-accused under Sections 498-A and 307 of I. P. C. During the course of investigation, P. W. 4-the then Principal district Munsif, Nizamabad recorded the dying declaration of the deceased. Subsequently, on 9-2-1996 the deceased succumbed to burns while undergoing treatment in the hospital. P. W. 7-the then mandal Revenue Officer, Nandipet, conducted inquest over the dead body of the deceased in the presence of P. W. 1, P. W. 6 and others. Subsequently, P. W. 3 and another doctor conducted post-mortem examination over the dead body of the deceased and opined that the cause of death was due to 70% of the burns, septicemia and shock. On 25-3-1996 the accused himself surrendered before the Magistrate Court, nizamabad and he was remanded to judicial custody. After completion of investigation, p. W. 9-Inspector of Police, Nizamabad, laid charge-sheet against the appellant-accused.

( 3 ) A charge under Section 302 of i. P. C was framed against the accused. He pleaded not guilty and claimed to be tried. The prosecution, in order to prove its case against the accused, examined P. Ws 1 to 10 and got marked Exs. Pl to P8 and M. Os. l to 4. The Trial Court found the accused guilty of the offence under Section 302 of i. P. C. , convicted him thereunder and sentenced to undergo imprisonment for life. Hence, the appeal.

( 4 ) BEFORE going to the arguments made by the learned Counsel for the parties, it would be necessary to advert to the evidence.

( 5 ) P. W. I is the sister-in-law of the deceased. She deposed in her evidence that the deceased Savithri was given in marriage to the accused about seven years prior to her death. About two years prior to the death of the deceased, the accused borrowed loan of Rs. 6,000/- from sarangapoor State Bank of Hyderabad and opened a pan shop at Navipet and that the accused did not conduct his business properly and was addicted to bad vices and sustained loss in his business. Subsequently, the accused sent the deceased to her brother s house demanding Rs. 5,000/- from them. However, they could not fulfil the demand of the accused and that they sent the deceased back. As a result, the accused started harassing the deceased. She further deposed that on the fateful day of 25. 1. 1996 at about 7 a. m. on hearing the cries from the house of the accused, she rushed to the house of the accused and saw the deceased lying with burn injuries. On enquiry, the deceased disclosed that she was set fire by her husband. Thereu

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