S. R. K. PRASAD, J.

( 1 ) THIS appeal is directed against the judgment rendered by the learned Sessions judge, Cuddapah in S. C. No. 61 of 1998, dated 17-02-1999 convicting A-l to undergo R. I. for five years and also to pay a fine of Rs. 1,000/-, in default, to suffer R. I. for three months for the offence under Section 306 IPC.

( 2 ) THE facts that arise for consideration and briefly be stated as follows: the appellant herein is the 1st accused in s. C. No, 61 of 1998. The deceased-Shaik mallika, is the wife of the appellant. Their marriage took place about 12 years prior to the incident. At the time of marriage the parents of the deceased presented 8 tulas of gold and cash of Rs. 8,000/- towards dowry to the accused. Five years after the marriage a male child was born to the deceased. As the deceased did not be got children till the birth of a male child, the accused were harassing her. A-l expressed his intention to marry another woman. When the deceased refused for the 2nd marriage, A-l bea,t the deceased and drove her out of the house. Thereupon, the deceased went to her parents house. The parents of the deceased took the deceased to the house of A-l and left, the deceased there. A-l to A-3 harassed the deceased mentally and physically. On 23-08-1997 at about 5. 30 p. m. , while the deceased was preparing tea by litting the stove, A-l came and picked up a quarrel with the deceased, abused her and told her that he would marry again, if she died. So, with art "intention to kill the deceased A-l picked up the kerosene oil tin and poured it over the deceased and drenched her clothes while the deceased was litting the stove, and, flames surrounded the deceased and her clothes caught fire. A-l closed the doors and bolted from out side. After some time, on hearing the cries of the deceased, A-l and A-2 opened the door. Hearing the cries of the deceased, one mumthaz-P. W. 2 and one Syed Parveen rushed to the scene of offence and found burn injuries all over thebody of the deceased without clothing. The said Mumthaz and parveen dressed the deceased. On coming to know about the incident, P. W. 3 sk. Niyamathullah, P. W. 5 Sk. Gudaba-P. W. 5, and P. W. 6 Shaik Mubarak rushed to the scene of offence. Then A-l and A-2 took the deceased to the Government Hospital, cuddapah where the deceased gave a statement to the police and basing on which a case in Crime No. 20 of 1997 was registered. The I Additional Munsif Magistrate, cuddapah recorded a dying declaration of the deceased. The deceased while undergoing treatment, died in the hospital on 29-08-1997 at 6. 30 p. m. , by succumbing to the burn injuries. On receipt of the death information, the said offence was altered into Secs. 498-A, 506, 302 and 316 IPC, and after completing the investigation, the Inspector of Police filed the charge-sheet. The plea of the accused for the charges under Sections 498-A, 506, 302 and 316 IPC is one of denial.

( 3 ) THE prosecution in all examined 16 witnesses i. e. , P. Ws. 1 to 16, and marked exs. P-1 to P-20. Ex. P-4 is the hospital intimation; Ex. P-5 is the dying declaration; ex. P-6 is the endorsement of the duty doctor; ex. P-10 is the inquest report; Ex. P-12 is the post-mortem certificate; Ex. P-13 is the original FIR; Ex. P-17 is the altered FIR; ex. P-18 is the endorsement of the Doctor; ex. P-19 is the intimation received by Head constable and Ex. P-20 is the statement recorded by P. W. 15-Head Constable. P. W. 1-Shaik Anwar Basha is the brother of the deceased-Mallika, who deposed that five years after the marriage the deceased begot one male child. The deceased and A-l were living happily at Chaki Banda. At about 9. 00 or 9. 30 p. m. A-l and A-2 came to his house in a jeep along with the deceased with burn injuries and they stated that the deceased received burn injuries due to explosion of stove. He took the deceased to the Hospital and admitted her into government Hospital. This witness is treated as hostile and cross-examined by the pr

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