C.V. Nagarjuna Reddy, J.

1. The sole accused in Sessions Case No.21 of 2009 on the file of the learned VII Additional Sessions Judge, Kakinada, East Godavari District, filed this Criminal Appeal against the judgment, dated 25.01.2010, whereby he was convicted for the offence under Section 302 I.P.C. and was sentenced to suffer rigorous imprisonment (R.I.) for life and also to pay a fine of Rs.500/- in default, to suffer simple imprisonment (S.I.) for two months.

2. The case of the prosecution, in brief, is that one Kothala Parvathi (hereinafter referred to as ‘the deceased’) was the wife of the appellant, that the marriage between them was performed ten years prior to the death of the deceased, that they were blessed with two female children out of their wedlock, that the couple were residing with their children at G.Mamidada Village and that the appellant is habituated to consuming liquor and used to harass the deceased, by way of beating her, without any reason in drunken state everyday. That on the night of 07.08.2008 at 7.30 p.m., the appellant returned to the house, by consuming liquor and started quarrelling with the deceased as usual and during the quarrel, the appellant picked up kerosene bottle lamp, poured kerosene over the deceased and lit fire to her, with a match stick, as a result of which, flames engulfed the deceased through the silk sari and silk blouse she wore and she sustained burn injuries on chest, stomach and back. That P.Ws.5 and 6 are the neighbours of the locality, who witnessed the deceased burning in flames, that they extinguished the fire by pouring water and that the appellant absconded. That P.W.1, mother of the deceased, after coming to know about the occurrence of the incident, rushed to the spot and shifted the deceased to the Government General Hospital (GGH), Kakinada, where she succumbed to burns, while undergoing treatment on 12.08.2008 at 6.00 p.m.

That on the statement of the deceased, P.W.11 registered a case in crime No.70 of 2008 of Pedapudi Police Station under Section 307 I.P.C. on 08.08.2008 at 3.00 a.m. and investigated into the matter. He visited the scene of offence, prepared observation report on 08.08.2008 and seized a bottle containing kerosene, burnt sari pieces, one match box and two match sticks from the scene of offence on the same day at 7.30 a.m. in the presence of P.W.8 and L.W.10 – Peyyala Prakasha Rao. He also prepared rough sketch of the scene of offence and got photographed the same with the assistance of P.W.4. During the course of investigation, he examined P.Ws.1 to 5 and 7 and L.W.6 - Gundupuneedi Venkannababu, and recorded their detailed statements under Section 161 Cr.P.C. He arrested the appellant on 12.08.2008 in the presence of the mediators and recorded his confessional statement, in pursuance of which, he seized the latter’s shirt, containing a burnt piece of sari of the deceased on that day itself at 9.00 a.m. in the presence of P.W.8 and L.W.10 – Peyyala Prakasha Rao.

P.W.12, who is the Sub-Inspector (S.I.) of Police, Pedapudi, verified investigation of P.W.11 on 12.08.2008 and recorded the statements of P.Ws.1 to 5, 7, L.W.6 - Gundupuneedi Venkannababu and the deceased. On receipt of the death intimation, he altered the section of law in crime No.70 of 2008 into one under Section 302 I.P.C. from Section 307 I.P.C. on 13.08.2008 at 10.30 a.m. and dispatched the copies of fresh F.I.R. to all the concerned. L.W.16, who is the Inspector of Police, Kakinada Rural, took up the investigation and held inquest over the dead body of the deceased on 13.08.2008 in the presence of P.W.8, L.W.10 – Peyyala Prakasha Rao and L.W.11 – Mandapaka Atchari. He compared the burnt sari pieces seized at the scene of offence with the burnt sari piece on the shirt of the appellant, seized at the latter’s instance on 13.08.2009 at 6.00 p.m., under a cover of mediators report in the presence of P.W.8 and L.W.10 – Peyyala Prakasha Rao.

P.W.9, the III Additional Judicial Magis