JUDGMENT:

(C. Praveen Kumar, J.)

1. Sole accused in Sessions Case No.232 of 2012 on the file of XVI Additional District & Sessions Judge at Nandigama, is the appellant herein. The present Criminal Appeal came to be filed under Section 374(2) of the Code of Criminal Procedure, 1973, challenging the judgment, dated 12.12.2014 in Sessions Case No.232 of 2012 on the file of XVI Additional District & Sessions Judge at Nandigama. Vide Judgment, dated 12.12.2014, the learned Sessions Judge convicted the accused and sentenced him to suffer imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code, 1860 [For short ‘I.P.C’.].

2. The gravamen of the charge against the accused is that, on 28.12.2010, the accused, being the husband of Challa Parvathi [deceased], abused her, beat her on the left side temporal region with a wooden cot leg, then tied both her hands to the cot with a plastic tape, poured kerosene and set her on fire.

3. The facts in issue are as under:

(i) Accused is the husband of the deceased. P.W.1 is the mother and P.W.2 is the nephew of the accused. The accused married the daughter of the younger brother of PW1, by name Anjamma. Disputes arose between the accused and Anjamma and as such, she went to her parents’ house at Nagulavalasa. Thereafter, the accused started living with another woman in Magallu village. It is said that the said lady lived with the accused for a period of 10 days and then left. Thereafter, the accused brought another person, who also went away, though there were no disputes between them.

(ii) The evidence of P.W.16 also shows that Parvathi married a person and had two children through him. She left her husband and eloped with a lorry driver, who happens to be the accused.

(iii) P.W.12 is one Anjamma, who married the accused earlier to the marriage with Parvathi. According to her, the accused used to consume liquor and beat her. After birth of children, harassment increased and as such, she left him and went to her village Nagulavancha. It is said that one once occasion, the accused came to her village in a drunken state, beat her and caused injury on her neck. Thereafter, she went to her grandmother’s place at Lakshmipuram.

(iv) P.W.13 is none other than the brother of Anjamma, He also speaks about the harassment of the accused towards her sister Anjamma and also accused causing injury to her on her neck.

(v) While the things stood thus, the accused and Parvathi (deceased) lived for two to three months. On the date of incident, while P.W.1 was taking meals in her house, which is by the side of the house of the accused, heard some cries and as such, went outside and noticed Parvathi in flames.

(vi) The injured (Parvathi) was taken to hospital and an intimation about her admission was received by P.W.17-Head Constable of Nandigama police station from Government General Hospital, Nandigama. Ex.P22 is the hospital intimation received by P.W.17 at 9.45 P.M. As he was in Government Hospital with regard to another crime, he went towards the injured Challa Parvathi and recorded her statement. Ex.P23 is the statement recorded by P.W.17. After recording her statement, he obtained her thumb impressions and the duty doctor certified that the injured is conscious at the time of giving her statement. Basing on the statement of the injured, P.W.17 registered a case in Crime No.388 of 2010 under Section 307 I.P.C. Ex.P24 is the F.I.R.

(vii) At this stage, it is to be noted here that on 28.12.2010 at about 9.55 p.m., P.W.10 Additional Junior Civil Judge, Nandigama received a requisition from Government Hospital, Nandigma for recording the statement of the injured. Ex.P15 is the hospital intimation. On receipt of the same, she reached the hospital at 10.05 P.M. Prior to recording the statement, she obtained endorsement of the doctor, who certified that the patient was in conscious and in a fit state of mind to give statement. She also put some questions to the injured and on being s