JUDGMENT :

(C. Praveen Kumar, J.)

1. Heard Sri D. Kodanda Rami Reddy, learned Counsel appearing for the Appellant/Accused No. 1 and Sri S. Dushyanth Reddy, learned Additional Public Prosecutor, appearing for the State.

2. The present appeal is filed by Accused No.1 against Judgment in SC No.383 of 2012 on the file of Additional Sessions Judge, Hindupur.

3. Originally Accused No.1 and Accused No.2 were tried on four charges. Vide judgment, dated 16th March, 2015, the learned Sessions Judge while acquitting Accused No.2 of all charges, convicted Accused No.1 for the offence punishable under Section 304B of Indian Penal Code [‘I.P.C.’] and sentenced him to serve imprisonment for life, for causing the death of his wife on 28.05.2011 at 2.30 P.M. in his house. Further, the learned Sessions Judge acquitted him of Section 4 of Dowry Prohibition Act [‘D.P. Act’] while convicting under Section 3 of D.P. Act. However, no separate sentence was awarded.

4. Accused No.1 is the son of Accused No.2. PW1 is the mother of the deceased and PW2 is the brother of the deceased. While the deceased Saraswathi, who is the daughter of PW1 was given in marriage to Accused No.1 about one year prior to the offence. It is said that, at the time of marriage, three Tulas of gold was given to Accused No.1. Both of them lived happily for some time and later both the accused started harassing the deceased to bring dowry, which was informed by the deceased to her parents. They informed the deceased that they have no money and that they are also living by doing coolie work. It is said that for a period of three days thereafter they were good terms and later their villagers informed that deceased was in Government Hospital at Anantapur with burn injuries.

5. PW12, who was working as Civil Assistant Surgeon in Government Hospital at Kalyandurg, is said to have examined the injured on 28.05.2011 at about 5.30 P.M. and noticed the deceased with burn injuries all over the body except loin part of abdomen and below the umbilicus of abdomen with nearly about 85 to 90 percent of the body burnt. Ex.P9 is the Wound Certificate.

6. At about 10.15 P.M. PW-14 -Principal Junior Civil Judge, Anantapur, received a requisition from a duty doctor Government Hospital, Anantapur, for recording the dying declaration of the deceased. Ex.P.10 is the requisition of the duty doctor. Immediately, he rushed to Government General Hospital, Anantapur, and reached there at 10.25 P.M. After identifying the injured with the help of duty doctor, and after ascertaining the mental condition of the injured, he recorded the statement of the injured, which is placed on record as Ex.P11. Ex.P12 is the certificate of the duty doctor.

7. On receiving information about the deceased being admitted in Anantapur Hospital, with burn injuries caused by the Accused, over phone from the Villagers, PW1 along with her Son [PW2], husband and others went to Anantapur Hospital and found the deceased with complete burn injuries, but was speaking. On enquiry, the deceased informed her that, her mother-in-law poured kerosene and her husband [Accused] lit fire to her. On the next day, PW1 and PW2 went to Ramagiri Police Station and presented a report before PW10, basing on which, a case in Crime No.25/2011 came to be registered under Sections 498A and 307 read with 34 of I.P.C. and Sections 3 and 4 of D.P. Act. Ex.P.7 is the report. He then transmitted a copy of the F.I.R. to Judicial First Class Magistrate, Dharmavaram. PW10 claims to have examined P.W.1 and recorded the statement. At about 2.30 P.M., on that day, PW10 left the Police Station and visited Government Hospital, Anantapur at 4.00 P.M. and recorded the statement of the injured.

8. On 30.05.2011 at 7.00 A.M., PW10 proceeded to the scene of offence and in the presence of PW5 observed the scene of offence. During the said proceedings, he seized kerosene stove, match box containing match sticks, which are marked as M.Os. 1 and 2, respectively. He also prepared