JUDGMENT :

This Criminal Appeal is filed by the appellant, who was the Accused in Sessions Case No.185 of 2010, on the file of Sessions Judge, Guntur, challenging the judgment, dated 02.08.2010, where under the learned Sessions Judge, Guntur, found the accused guilty of the offence under Section 304 part I of Indian Penal Code (“I.P.C.” for short) i.e., culpable homicide not amounting to murder, as against the original charge under Section 302 of I.P.C. and accordingly, convicted the appellant under Section 235(2) of Code of Criminal Procedure (“Cr.P.C.” for short) for the offence under Section 304 part I of I.P.C. and after questioning her about the quantum of sentence, sentenced her to suffer rigorous imprisonment for 10 years and to pay fine of Rs.1,000/- in default to suffer simple imprisonment for six months.

2. The parties to this Criminal Appeal will hereinafter be referred as described before the trial Court for the sake of convenience.

3. The Sessions Case No.185 of 2010 arose out of a committal order in P.R.C.No.6 of 2010, on the file of Judicial Magistrate of First Class-cum-I Additional Junior Civil Judge, Sattenapalli, pertaining to Crime No.110 of 2009 of Sattenapalli Town Police Station.

4. The case of the prosecution, in brief, according to the contents of the charge sheet filed by the State, represented by Inspector of Police, Sattenapalli in the above said crime number is as follows :

(i) The accused married Perumalla Sambasiva Rao (hereinafter will be referred to as “deceased”) on 27.11.2008 and thereafter the marriage was consummated. Prior to the marriage, deceased Perumalla Sambasiva Rao i.e., the husband of the accused accepted to take his share of the properties and agreed to come down to Gurazala to live with the accused. After the marriage, the deceased was claiming that as he is the youngest son of L.W.1-Perumalla Guravamma, it is his responsibility to take care of the welfare of his aged mother, who is living with the deceased, in their own house at Vaddavalli, Sattenapalli. Accused used to demand the deceased to take share of his property and to come down to Gurazala so as to live with her there. L.W.2-L. Padma, L.W.5-Perumalla Srinivasa Rao and L.W.6-Perumalla Naga Raju, had knowledge of these facts. Thus, differences arose among the accused and the deceased over this issue. Quarrels used to take place in normal practice in their house. The reprimands of L.W.5 and L.W.6 failed to bring the required change in the attitude of the accused.

(ii) While so, on 21.06.2009 at about 10-00 A.M., while the deceased and the accused were in the house, accused picked up quarrel with the deceased finding fault with him for his inability to get his share of property and to come and live with her in Gurazala. In the said quarrel, the deceased slapped the accused and then in a fit of anger, the accused poured kerosene on the deceased, who was sitting in the verandah of the house and lit fire, resulting causing burn injuries to the deceased. L.W.1, L.W.2, L.W.3-Attaluri Anil Kumar and L.W.4-Sunkara Malleswara Chary extinguished flames and shifted the deceased to Community Health Center, where the deceased gave a statement to the police.

(iii) L.W.13-I. Venkateswarlu, S.I. of Police, registered the statement of deceased as a case in Crime No.110 of 2009 under Section 307 of I.P.C. of Sattenapalli Town Police Station and investigated the case. He visited the scene of offence, inspected it under the cover of mahazar attested by L.W.7-Perumalla Satyanarayana and L.W.8-Shaik Moulali. He seized the kerosene tin with half liter of kerosene in it. He also seized a khaki colour saree with snuff colour design which was emanated with kerosene smell and the burnt red waist thread, chameli match box and two burnt match sticks and the maroon and black dotted burnt lungi from the scene of offence in the presence of L.W.7 and L.W.8. L.W.13 prepared rough sketch of the same. He examined L.W.1, L.W.2 and L.W.5 and recorded their statements.