The prosecution must prove the accused's guilt beyond reasonable doubt, which was not established due to inconsistencies in evidence.

JUDGMENT :

K. SREENIVASA REDDY, J.

This Criminal Appeal is preferred by the State against the Judgment dated 20.12.2007 passed in Sessions Case No.340 of 2007 by the learned Assistant Sessions Judge, Parchur, Prakasam district, whereby and whereunder the respondent herein/sole Accused was found not guilty of the offences punishable under Sections 498-A and 306 IPC , accordingly, he was acquitted of the said charges.

2. Case of the prosecution, in brief, is as follows.

i) The deceased is the wife of the accused. The accused married the deceased 20 years prior to 15.02.2006. Soon after the marriage, the deceased joined the accused to lead marital life. During their wedlock, they were blessed with a daughter (PW.6). Thereafter, the accused used to constantly harass the deceased suspecting her fidelity and he also used to take liquor and spend huge amounts by extracting the amount from the deceased. While so, on 14.02.2006 midnight, while the deceased was taking rest in her house, the accused came to the house in intoxicated state, woke up the deceased and demanded cash for liquor. When she replied that she did not have any amount, the accused abused her, caught hold of her throat and tried to squeeze, but she escaped from him. However, due to constant harassment being made by the accused, the deceased vexed with her life and decided to end her life. Accordingly, she brought kerosene from her house, poured on herself and lit herself to fire. The accused did not take any steps to put off the flames. On hearing the cries of the deceased, PWs.1 to 3 rushed to the spot and put off the flames. Then the accused also tried to put off the flames and he received burn injuries. The deceased was shifted to Area Hospital, Chirala. On the same day, PW.14 - Additional Munsif Magistrate, Chirala recorded the dying declaration of the deceased under Ex.P7.

ii) On 15.02.2006, PW.13 – Head Constable, Chirala I Town Police Station, recorded the statement of the deceased under Ex.P5 and forwarded the same to PW.16 - the Sub-Inspector of Police, Karamchedu Police Station, and pursuant to the same, a case in Crime No.7 of 2006 of Karamchedu Police Station was registered for the offence under Section 498-A IPC and women burns and FIR was submitted to all concerned. PW.16 took up investigation and recorded the statements of witnesses. He also observed the scene of offence and prepared rough sketch. On receipt of death intimation, he altered the Sections to 498-A and 306 IPC and submitted the copies of FIRs to all concerned. He held inquest over the dead body in the presence of mediators and recorded the statements of witnesses

iii) PW.12, the Civil Assistant Surgeon, Area Hospital, Chirala, conducted autopsy over the dead body of the deceased and issued post-mortem certificate Ex.P3 opining that the deceased died due to 100% burns. PW.15 took up further investigation and after receipt of relevant documents and completion of investigation, filed charge sheet.

3. The charge sheet was taken on file as PRC No.11 of 2006 on the file of the learned Judicial Magistrate of First Class, Parchur, Prakasam district, and as the offence punishable under Section 306 IPC is exclusively triable by the Court of Session, the learned Magistrate, after complying with the due procedure prescribed under law, committed the said PRC No.11 of 2006 to the Court of Session, Prakasam district, at Ongole. The said case was numbered as SC No.340 of 2007 and thereafter the same was made over to the Court of the Assistant Sessions Judge, Parchur, for disposal according to law.

4. On appearance of the accused, charges under Sections 498-A and 306 IPC were framed against the accused, contents of the charges were read over and explained to him in Telugu, for which he pleaded not guilty and claimed to be tried.

5. On behalf of the prosecution, PWs.1 to 16 were examined and got marked Exs.P1 to P11 and MO.1.

6. After closure of the prosecution evidence, accused was examined under Section 313 Cr.P.C.,