JUDGMENT :

(C. Praveen Kumar, J.)

1. Originally, A-1 to A-3 in Sessions Case No.269 of 2013 on the file of the learned III Additional District and Sessions Judge, Kurnool at Nandyal were tried on two charges. A-1 and A-2 were tried for the offence punishable under Section 302 I.P.C. while A-3 was tried for the offence punishable under Section 302 read with 34 I.P.C.

2. Vide judgment, dated 08.06.2016, the learned Sessions Judge, while acquitting A-2 of the offence punishable under Section 302 I.P.C. and A-3 of the offence punishable under Section 302 read with 34 I.P.C., convicted A-1 of the offence punishable under Section 302 I.P.C., and accordingly, sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs.500/-, in default of payment of fine, to suffer simple imprisonment for a period of one month.

3. The graveman of the charge against the accused is that on 08.05.2012, at about 5.00 a.m., towards Illuru Kothapeta on Banaganapalli-Koilakuntla Road, Banaganapalli Mandal, 2 Kurnool District, the accused is said to have caused the death of one Pogaku Lakshmi Reddy (hereinafter, referred to as “deceased”) by pouring petrol and setting him on fire.

4. The facts in issue are as under:-

P.W.4 is the daughter of the deceased while P.Ws.1 and 2 were examined as eye witnesses to the incident. It is said that the house of A-1 to A-3 was situated opposite to the house of the deceased, who used to do cloth business and also conduct panchayats in the village as an elder. The husband of P.W.4 used to assist the deceased in his business. There were disputes between P.W.3 and the accused with regard to parking of horse cart since last three years prior to giving evidence. The deceased used to advise them not to quarrel with each other and tried to pacify the dispute. About 20 days prior to the incident, on one day, A-1 is said to have parked his motor cycle in front of the house of P.W.3, which lead to a quarrel between them. On hearing the cries, the deceased intervened and advised A-1 and A-2 not to park the motor cycle in front of the house of P.W.3. A-1 and A-2 are alleged to have threatened the deceased with dire consequences warning him not to interfere with their matter. This incident was said to have been witnessed by P.W.4, who is none other than the daughter of the deceased. It is also said that the accused used to abuse and threaten the deceased whenever they come in contact with the deceased but the deceased used to ignore the same. On the date of incident i.e., on 08.05.2012, at about 4.30 a.m., the deceased is said to have gone out for a walk at Koilakuntla Road. It is said that A-1 also used to go out for walk on that road. P.Ws.1 and 2, who also claim to have gone for a morning walk, claimed to have seen the deceased going for a morning walk on Koilakuntla Road. When they reached the sub-station at Banaganapalli, the deceased came in opposite direction, crossed them and went away. They also claim to have seen A-1 to A-3 coming in opposite direction, wherein A-3 was found holding a plastic can, while A-1 was holding a small bucket. After crossing P.Ws.1 and 2, they heard cries of the deceased and when they turned back, they saw A-1 litting fire with a match stick and throwing the same on the deceased, setting his body on ablaze. Immediately, the deceased removed his clothes and threw them away. P.Ws.1 and 2 rushed to the scene and extinguished the fire with the help of gunny bags, which were available on the road side. A-1 to A-3, by raising cries as “Laxmi Reddyni Champanide Nidrapom”, went towards Kothapeta Village. Intimation about the incident was given to one Rama Subba Reddy (L.W.3) through cell phone. Then, L.W.4 along with one G.Chiranjeevi Achari (L.W.4) came to the scene of offence on a motor cycle and then, took the injured to Government Hospital, Banaganapalli. At about 6 a.m., the Sub- Inspector of Police, Banaganapalli, on receipt of M.L.C. intimation from Government Hospital, rushed to the hos