JUDGMENT:

C.Praveen Kumar, J.

1. Heard Sri. M. Ravindra, learned Counsel appearing for the Appellant/Accused and Sri. S. Dushyanth Reddy, learned Additional Public Prosecutor, appearing for the State.

2. The Sole Accused in Sessions Case No. 94 of 2012 on the file of Principal Sessions Judge, Nellore, is the Appellant herein. He was tried for an offence punishable under Section 302 of Indian Penal Code [‘I.P.C.’] for causing the death of his wife, by name, Mangala Thirupathamma [‘Deceased’] by pouring kerosene and setting her on fire.

3. The facts, in issue, are as under:

i) PW1 is the father of the deceased. PW2, PW3, PW4, PW5 and PW6 are residents of Tabetivaripalem Village, who are known to the Accused and the deceased. The marriage between the Accused and deceased took place about 15 years prior to the incident and they were blessed with a daughter aged about 20 year and a son aged about 16 years.

ii) While things stood thus, on 07.09.2010 at about 11.50 P.M., one Mangala Thirupathamma was brought in 108 ambulance by PW12, one Mangala Venkataramanaiah, who are the sister-in-law and her husband. The doctor [PW10] found her conscious and coherent, but, however, noticed burn injuries on face, chest, abdomen, both hands and legs. There were about 80% burn injuries on the body. Immediately, thereafter, he sent intimation to the Magistrate for recording the dying declaration. Ex.P12 is the said intimation.

iii) On receipt of the said intimation, PW15 who was working as Additional Judicial Magistrate of First Class, Kavali, proceeded to the said hospital and after being satisfied with regard to mental condition of the injured, recorded the statement of the injured. Ex.P21 is the dying declaration recorded by PW15.

iv) PW11 – Head Constable, I Town Police Station, also received intimation at 12.00 noon and basing on the said requisition, he proceeded to the hospital and recorded the statement of the injured. But, it appears that, he recorded the statement after the statement of the injured was recorded by PW15. Ex.P16 is the statement of the injured recorded by PW11 – Head Constable.

v) At about 5.00 p.m., PW1 went to the Police Station and informed PW16 – Sub-Inspector of Police, Jaladanki Police Station, about the death of the deceased. He recorded the statement of PW1, which is marked as Ex.P22. Basing on Ex.P22 and Ex.P16 [statement of injured], PW16 registered a case in Crime No. 67 of 2010 for the offence punishable under Section 302 I.P.C. Ex.P23 is the First Information Report. Further investigation, in this case, was handed to PW17, who on receipt of copy of Ex.P23 – F.I.R., proceeded to the hospital, examined PW1 and recorded his statement.

vi) PW17 – Inspector of Police, who on receipt of Ex.P23 [F.I.R.], reached the Police Station, examined PW1 and recorded his statement. Then, he visited the scene of offence and in the presence of PW3 and PW4 examined the scene of offence, which is a residential house of the deceased. At the scene, he conducted scene observation proceedings in the presence of mediators. At the scene, he seized a plastic bottle emanating smell of kerosene, partly burnt plastic gunny bag pieces, match box, lighted match sticks, and partly burnt saree. The same were seized under Ex.P24. The articles seized were marked as M.O.1 to M.O.6. PW17 also got prepared a rough sketch of the scene, which is placed on record as Ex.P25. Thereafter, on 08.09.2010, he conducted inquest over the body of the deceased in the presence of PW3 to PW5 at D.S.S.R. Headquarters Hospital, Nellore. During the course of inquest, he examined PW6, PW7, PW8 and PW9 and recorded their statements. Ex.P26 is the inquest report. After conducting inquest, the body was sent for post-mortem examination.

vii) PW14 – Deputy Civil Surgeon, D.S.R. Head Quarters Hospital, conducted autopsy over the dead body and issued Ex.P20 – the post-mortem certificate. According to him, the cause of death was due to burns.

viii) On 14.09.2010, PW17 arrested the accused