Point of Law: Merely because, some superficial burn injuries were present on the fingers of the accused, it does not lead to any irresistible conclusion that he made efforts to put off the flames.

JUDGMENT :

C. Praveen Kumar, J.

The sole accused, in Sessions Case No.160 of 2012 on the file of learned X Additional District and Sessions Judge, Gurazala, is the appellant herein. He was tried for an offence punishable under Section 302 Indian Penal Code, 1860 [for short, “I.P.C.”] for causing the death of Gajula Sri Devi, by pouring kerosene and setting her fire.

2. Vide Judgment, dated 09.07.2014, the learned Sessions Judge convicted the accused for the offence punishable punishable under Section 302 I.P.C. and sentenced him to suffer Imprisonment for Life and to pay a fine of Rs.100/- in default, to suffer Simple Imprisonment for three months. Assailing the said conviction and sentence, the present appeal came to be filed.

3. P.Ws.1 and 2 are the parents of the deceased. P.W.3 a resident of the said area was running a small shop by the side of the hotel of P.Ws.1 and 2. The deceased was given in marriage to one Srinivasa Rao. They were blessed with two children. Disputes arose between the deceased and her husband Srinivasa Rao, as such she left her husband and two children and came to the house of P.W.1. Later, she developed acquaintance with the accused and eloped with the accused to Tirupati, where they got married. After returning to Nagarjuna Sagar, the accused took his wife to his house and started living there with his first wife and children. P.W.1 used to visit the said house now and then to find out the welfare of her daughter.

(i) On 09.12.2011, P.W.1 came to know about a quarrel between the first wife of the accused, deceased and the accused. She also came to know about accused beating the deceased, suspecting her fidelity. On the next day morning, P.W.1 was coming home from their hotel and when she reached near the house of the accused, she noticed several people gathered there. She went inside the house and noticed her daughter lying on the cart. Her entire body was burnt. She did not notice the accused in the house, but however, the first wife of the accused was present. Her enquiry from the deceased revealed that the accused beat her on the previous day night on the ground that she received a phone call in the morning and on the next day while she was performing Pooja, the accused suspecting her fidelity, poured kerosene and set her on fire. On seeing the flames on her body, the accused escaped from the place by placing her body on a cart in the house. P.W.1 shifted her to KMNA Hospital, for treatment where the doctors advised P.W.1 to take the injured to Government Hospital, Vijayawada or Guntur. She was shifted to Government Hospital, Vijayawada for better treatment. On 12.10.2011 at about 1.30 P.M., P.W.9 received a message from Medical Officer, KMA hospital, pursuant to which, he reached the hospital and recorded the statement of the injured. Ex.P14 is the statement of the injured. He obtained the signature of the injured and also the attestation of the doctor, who were present there at that time. Basing on the statement, he registered a case in Crime No.116 of 2011 under Section 498-A and 307 I.P.C. and issued Ex.P16-FIR. He again visited the hospital and recorded the statement of the injured. He then went to the scene of offence and prepared a panchanama of the scene in the presence of P.W.7. Ex.P5 is the said statement. At the scene, he seized M.Os.1 to 4. He searched for the accused, but found him absconding.

(ii) P.W.10, who took up investigation from P.W.9, examined P.Ws.1 to 6 and recorded their statements. On 21.12.2011 at 8.00 A.M., he received the death intimation from N.T.R. University, Vijayawada pursuant of which he altered the section of law from Section 307 to Section 302 I.P.C. Ex.P19 is the death intimation. Ex.P21 is the altered memo. P.W.14-Inspector of Police, who continued with the investigation, proceeded to N.T.R. Health University Hospital, Vijayawada and conducted inquest over the dead body of the deceased. During inquest, he examined P.Ws.1 to 4 and recorded their statements. Ex.P11