M. Seetharama Murti, J.

In this appeal under Section 374(2) CrPC, the appellant/accused impugned the judgment dated 28.06.2011 of the learned III Additional Sessions Judge, Warangal, in S.C.No.106 of 2009. By the said judgment, the learned Additional Sessions Judge while finding the accused not guilty of the offence punishable under Section 498-A IPC, however, found the accused guilty of the offence punishable under Section 302 IPC and convicted him under Section 235(2) of CrPC and sentenced him to undergo rigorous imprisonment for life and pay a fine of Rs.500/- and undergo simple imprisonment for fifteen (15) days in default thereof. The period of imprisonment already undergone, that is, from 29.10.2008 to 02.07.2009 and from 03.12.2010 and till the date of the impugned judgment, was directed to be set off under Section 428 CrPC.

2. We have heard the submissions of Sri B. Parameswara Rao, learned counsel, on legal aid, appearing for the accused, and of the learned Public Prosecutor appearing for the respondent/State. We have perused the material on record. It is stated that the accused was enlarged on bail during the pendency of this appeal. However, due to failure of the counsel to communicate the date of hearing to the accused, he was not present before this Court on the date of hearing, 03.02.2018.

3. The charges framed against the accused by the learned III Additional Sessions Judge, read verbatim as follows:

Charge No.1: That you on 24.10.2008 at about 5:00 p.m., at Christian Colony, Warangal, being the husband of Yaka Laxmi, subjected such woman to cruelty namely abused in filthy language and also suspecting her fedility, had a quarrel with Yaka Laxmi and poured kerosene on her body and lit fire, and that you thereby committed an offence punishable under Section 498-A of the Indian Penal Code and within my cognizance.

Charge No.2: That you on the above said date, time and place mentioned supra, committed murder intentionally (or knowingly) causing the death of Yaka Laxmi, and thereby committed an offence punishable under Section 302 of the Indian Penal Code and within my cognizance.

The accused denied the said charges and claimed to be tried.

4. At trial, the prosecution examined PWs 1 to 15 and exhibited P1 to P17 and marked MOs 1 & 2. No evidence was adduced on the side of the defence.

5. The case of the prosecution and gist of the evidence, which was adduced to bring home the guilt of the accused, which need a detailed examination, are as follows:

Yaka Laxmi, the deceased, who is the daughter of S.Yellaiah-PW1, is the wife of Iytha Sarangapani, the accused. Their marriage was performed about eight years prior to 15.03.2011, the date of the testimony of PW1. The deceased and the accused, who were of 30 and 35 years of age respectively as on, 24.10.2008, the date of the incident of murder, used to reside in H.No.11- 4-215, Christian colony. The accused used to work as a coolie. They were not blessed with children. Suramma, the mother of the accused, was residing separately from the accused; and, her house is located at a distance of 2 kilometres from the house of the accused. The accused used to abuse the deceased. The deceased earlier informed PW1 that the accused abused her saying that she was having a paramour. The accused used to consume liquor and quarrel with the deceased alleging that she has not given birth to children and that she was having a paramour and that she is having extra marital relations. On that day, that is, 24.10.2008, when the deceased questioned the accused as to why he came to the house in a drunken state, he abused her and set her afire by pouring kerosene. On 24.10.2008, on a requisition-exhibit P15 received at 07:00 PM., from PC 2111 of police outpost of MGM hospital, PW14, the then Special Judicial Magistrate of First Class, P & E cases, Warangal, proceeded to the said hospital and reached the hospital at about 07:15 PM., and recorded the dying declaration of the deceased-exhibit P16. On