L. Narasimha Reddy, J.

1. This is an unfortunate case, where an innocent person was made to suffer imprisonment for years together on account of gross negligence on the part of the Additional District & Sessions Judge, Nellore.

2. The appellant is Accused No.1 in S.C.No.437 of 2003 on the file of Additional District & Sessions Judge, Nellore. Himself and his mother (Accused No.2) were tried for the offence punishable under Sec.302, read with Sec.34 IPC for allegedly causing the death of wife of A-1, by name Kavitha. Through its judgment dt.25.01.2010, the trial Court acquitted A-2, but convicted A-1 for the offence punishable under Sec.302 I.P.C., and sentenced him to imprisonment for life and imposed fine of Rs.1,000/-, in default to suffer rigorous imprisonment for six months.

3. The wife of A-1 (Kavitha) suffered serious burn injuries and was admitted in Government Hospital, Nellore at about 3.30 p.m. on 18.05.2002. There is a police outpost in the Hospital and the on-duty Head Constable, PW-12 recorded the statement of the injured-Kavitha at about 4.00 p.m. He forwarded the same to the jurisdictional Police Station, based on which, the Station House Officer, Butchire