In case accused had any motive to kill deceased, sequence of events would have been different altogether.

1. The sole accused in S.C. No.40 of 2006 on the file of the Special Judge for the trial of Cases under S.Cs. and S.Ts. (POA) Act, West Godavari at Eluru, is the appellant. He was tried for the offences under Sections 302 IPC, and Sections 3(2)(v) and 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (for short ‘the Act’), for causing death of Parla Gangaratnam, on the early hours of 23.07.2005. The trial Court acquitted the accused of the offence under the provisions of the Act and was convicted him for the offence under Section 302 IPC, and sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/- and in default to undergo simple imprisonment for six months.

2. The case presented by the prosecution, before the trial Court was as under:

The deceased Gangaratnam was married to one Mr. Parla Raju and that the couple were blessed with two female children, who died at the infance. Two years prior to the date of incident, Gangaratnam is said to have been separated from her husband Raju and started living with her mother PW-1 and sister PW-2 at Pasalapudi Village of West Godavari District. She said to have developed intimacy with the accused.

3. Late in the night of 22.07.2005, the accused said to have come to the house of PW-1 where Gangaratnam was also residing, and the accused and that lady slept in one room, whereas PWs.1 and 2 slept in the neighbouring room. At about 2.00 p.m., PWs.1 and 2 are said to have heard the cries of Gangaratnam and when they went to her room, they were informed by Gangaratnam that the accused has quarrelled with her on the ground that she was having intimacy with another person and so observing, he poured kerosene upon her from a bottle, which was being used as lamp, and set her on fire with matches. The accused is said to have ran away on seeing PWs.1 and 2. It was also mentioned that Gangaratnam herself poured water upon the flames and on account of non-availability of transport, she was taken to the Government Hospital at Tanuku, only at about 8.00 a.m. on 23.07.2005.

4. The Station House Officer, Undrajavaram, recorded the statement of Gangaratnam at about 12.00 Noon and registered Crime No.62 of 2005. On the intimation being given to the Judicial Magistrate of First Class, Tanuku, the dying declaration, marked as Ex.P.5, was recorded at 2.45 p.m. Thereafter, the investigation was undertaken even while the victim was under treatment. On 01.08.2005 Gangaratnam succumbed to burn injuries. Thereupon, the Sections in the FIR were altered and offence under Section 302 IPC and other provisions of the Act are added. Post mortem was conducted and further investigation conducted. Thereafter, charge sheet was filed. Taking the same into account, the trial Court framed the following charges against the accused:

“FIRSTLY that you on 23-07-2005 at about 02.00 PM in the house of Bathu @ Parla Gangaratnam in SC colony of Pasalapudi village committed murder intentionally causing the death of Bathu @ Parla Gangaratnam knowing that she belongs to SC by pouring kerosene on her and set fire to her with a lightened match stick and that you thereby committed an offence punishable U/Sec.302 I.P.C. and within my cognisance.

SECONDLY that you not being a member of SC or ST on the same date, time and place as specified in charge No.1 above, committed murder intentionally causing the death of Bathu @ Parla Gangaratnam who belongs to SC which offence is punishable with death or imprisonment for life on the ground that Bathyu @ Parla Gangaratnam is a member of SC and that you thereby committed an offence punishable U/Sec.3(2)(v) of SCs and STs (POA) Act and within my cognisance.

THIRDLY that you not being a member of Schedule Caste or Schedule Tribe on the same date, time and place, as specified in charge No.1 above, intentionally insulted Bathu @ Parla Gangaratnam who belongs to SC knowing that she belongs to SC by saying that Bathu @ Parla Gangaratham havin