(per the Hon’ble Dr. Justice

G. Yethirajulu)

This Appeal is preferred by A-1 in S.C.No.9 of 2004 on the file of the V Additional District and Sessions Judge (Fast Track Court), Guntur. The appellant was charged for the offence under Section 302 of I.P.C. for allegedly pouring kerosene and setting fire to the deceased causing burn injuries resulting in her death. He was also charged for the offence under Section 498-A of I.P.C. along with A-2, for which both of them were not found guilty.

2. The case of the prosecution leading to the conviction of the appellant is as follows:

The deceased is the wife of A-1. Their marriage took place about 10 years prior to the incident. During the wedlock, they had three children. A-1 was not liking his wife going to the house of PW-15, who was not having good character. When the deceased persisted to continue her visits to the house of PW-15, the accused brought her mother, brother and other relations from Gutnur and held a panchayat on 22-04-1999. In the said panchayat, they suggested that A-1 should take oath that his allegation was true. In order to take oath, A-1 was taking bath at about 4-00 PM in front of the house under a tree while the relatives of the deceased went to bazaar to have tea. At that moment, the deceased went into the house, bolted doors and tried to commit suicide by pouring kerosene and setting fire to herself. The relatives peeped through window and found her in flames and when raised cries, A-1 rushed to the house and kicked the doors which resulted in breaking the latch. When the doors were opened, the deceased came out with flames and fell on the ground. Some of the neighbours covered her body with gunny bags and extinguished the flames. Thereafter, she was shifted to Government Hospital, Guntur. While undergoing treatment she succumbed to the injuries on 01-05-1999. The deceased while undergoing treatment was examined by the Magistrate and her statement was recorded at the instance of the police. The police took up investigation and recorded the statements of the witnesses. After the death of the deceased, the Section of law was altered into Sections 302 and 498-A of I.P.C and altered F.I.R. was issued. An inquest was held and the postmortem examination was also conducted on the body of the deceased. The postmortem report discloses that the deceased died due to burn injuries to an extent of 40%. The Inspector of Police, on the basis of the dying declaration given by the deceased, laid the charge sheet against the accused. After securing the presence of the accused, the Sessions Court framed charges against them for the offences under Sections 302 and 498-A IPC. They pleaded not guilty and claimed for trial.

3. The prosecution, in order to prove the guilt of the accused, examined PWs.1 to 20 and marked Exs.P-1 to P-18 and M.Os.1 to 3. On behalf of the defence, no oral or documentary evidence was adduced. The lower Court, after considering the oral and documentary evidence, found the appellant guilty of the offence under Section 302 of I.P.C. and sentenced to undergo imprisonment for life and also to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for four years. Both the accused were found not guilty for the offence under Section 498-A of I.P.C. The appellant, being aggrieved by the Judgment of the lower Court, dated 03-12-2004, preferred this Appeal challenging its validity and legality.

4. The prosecution alleged that the appellant poured kerosene and set fire to the deceased resulting in her death while undergoing the treatment, whereas the appellant contended that the deceased committed suicide and as he tried to prevent her from going to the house of PW-15, who was a lady of bad character, she bore grudge against him and implicated in this case by giving a false statement before the Magistrate.

5. In view of the rival contentions, the point for consideration is whether the prosecution proved the guilt of the appellant beyond