RAJA ELANGO, J :- This criminal appeal under Section 374(2) of the Code of Criminal Procedure (for short 'Cr.PC') is filed by the appellant-accused questioning the judgment of conviction passed in Sessions Case No.47 of 2007 by the Principal Sessions Judge, Nalgonda, on 25.7.2007 wherein the appellant was convicted under Section 235(2) Cr.PC and sentenced to undergo imprisonment for life and also to pay fine of Rs.2,000/-, in default to suffer simple imprisonment for six months, for the offence punishable under Section 302 of Indian Penal Code (for short 'IPC').

2. The case of the prosecution, in brief, is that about four years prior to the 31 incident in the present case, the marriage of the deceased was performed with the appellant. At that time, net cash of Rs.20,000, gold and silver ornaments and household articles worth Rs 40,000/- were given towards dowry. Thereafter, the couple led happy marital life for six months and thereafter accused started harassing the deceased to bring additional dowry. Even after taking Rs.10,000/- towards additional dowry from the parents of the deceased for house construction accused continued his harassment on the deceased. On 24.9.2006 when the mother and brother of the deceased questioned the accused about his harassment, accused picked up quarrel with them and manhandled the deceased. On seeing the same, the mother and brother of the deceased left the place and took shelter in the house of one Rama Chandram. While so, on the same day at about 2100 hours accused again picked up a quarrel with the deceased, poured kerosene on her and lit fire. On hearing the cries of the deceased, her mother, brother and other neighbours went there, put off fire and shifted her to Government Quarters Hospital, Nalgonda. On 27.9.2006 while undergoing treatment the deceased succumbed to bum injuries. In the meanwhile, the dying declaration of the deceased was recorded by the Judicial First Class Magistrate, Nalgonda. Basing on the complaint lodged by the mother of the deceased on 26.9.2006, police registered a case in Crime No.82 of 2006.

3. The investigation agency after completion of entire investigation and receiving necessary certificates filed charge against the sole accused, which was numbered as PRC No.91 of 2006 by the Judicial Magistrate of First Class, Nalgonda.

4. On committal, the learned Sessions Judge examined the accused under Section 228 of the Code of Criminal Procedure and framed charge under Sections 498A and 302 IPC, in which, the accused denied the charges and claimed for trial.

5. In order to prove the guilt of the accused, prosecution examined PW s.1 to 10 and marked Exs.P1 to P 11. After closure of prosecution evidence, accused was examined under Section 313 Cr.PC in which he denied the incriminating evidence put to him available in the evidence of prosecution witnesses. Accused did not choose to adduce any oral and documentary evidence on his behalf. After hearing the arguments on both sides and on appreciation of entire evidence, the learned Session Judge acquitted the accused for the offence punishable under Section 498A IPC and convicted him for the offence punishable under Section 302 IPC by impugned judgment.

6. Heard the learned Counsel for the appellant and the learned Public Prosecutor for the State.

7. PWs.1 to 3 are the mother, brother and father of the deceased respectively. All these three witnesses turned hostile deposing that the deceased poured kerosene on herself and burnt herself Statements of these witnesses under Section 161 Cr.PC are marked as Exs.P2 to P4 respectively. Thumb impression of PW 1 on complaint is marked as Ex.P1.

8. PW4 is the panch witness for scene of offence and recovery panchanama. PW5 is the panch witness for inquest panchanama and he turned hostile deposing that at the instance of police he signed on inquest panchanama.

9. PW6 is the then Judicial Magistrate of First Class, Nalgonda, who recorded the dying declaration of the deceased under EX.P6