The court determined that the accused's actions constituted culpable homicide not amounting to murder, based on the nature of injuries and intent, leading to a conviction under Section 304 Part-II IPC.

JUDGMENT :

(K. Suresh Reddy, J.)

Sole accused in Sessions Case No.16 of 2015 on the file of the Court of Principal Sessions Judge, East Godavari District at Rajamahendravaram, is the appellant. He was tried by the learned Sessions Judge under two charges.

2. The 1^st charge is under Section 498-A IPC and the 2^nd charge is under Section 302 IPC.

3. Substance of the charge is that prior to 27.06.2014 the accused used to harass his wife by name Duvvati Venkata Lakshmi @ Lakshmi (hereinafter referred to as 'the deceased') subjecting her to cruelty and used to beat her suspecting her fidelity and on 27.06.2014 at about 2.00 P.M. the accused having quarreled with the deceased, poured kerosene on her and set her to fire and while undergoing treatment she succumbed to injuries on 02.07.2014, thereby committed offences punishable under Sections. 498-A and 302 IPC.

4. After completion of trial, learned Sessions Judge while acquitting the appellant under Section 498-A IPC, convicted the accused under Section 302 IPC and sentenced him to suffer imprisonment for 'LIFE' and also to pay fine of Rs.2000/-, in default, to suffer simple imprisonment for a period of three (03) months. Aggrieved by the same, the accused/appellant filed the present appeal.

5. Case of prosecution, as per the evidence of the prosecution witnesses, is as follows:-

The accused is none other than the husband of the deceased and they are residents of Undeswarapuram village, Korukonda Mandal. The marriage of the deceased was performed with one Krishna about 25 years prior to the incident. The deceased blessed with a son-P.W.1 and a daughter-P.W.8 through the said Krishna. Due to the disputes, both of them got separated about 15 years back. About two years prior to the date of incident, the deceased got married to the accused. Both the accused and deceased used to eke out their livelihood by attending agricultural coolie works. The accused used to harass and ill-treat the deceased suspecting her fidelity. The deceased is living with accused and P.W.1. The daughter of the deceased got married about two years prior to the date of incident and she was residing with her husband at Korukonda village. While so, on 27.06.2024 at about 2.00 P.M., when P.W.1 was taking lunch, the accused came and abused the deceased in a filthy language. Immediately, P.W.1 left the house without taking lunch. Thereafter, the deceased informed the accused that she will go to her parents‟ house at Undeswarapuram village as the accused was harassing her. When she was getting ready to go to her parents‟ house, the accused took a kerosene bottle lying there, poured on the deceased and set fire to her. Thereafter, the accused put off the flames by pouring water on the deceased and shifted her to Government Hospital, Rajahmundry in an ambulance.

P.W.16-A.S.I. Out-post Government Hospital received hospital intimation-Ex.P18 about the admission of the injured at about 9.30 P.M. on the same day. Immediately, he visited the hospital and recorded the statement-Ex.P19 from the injured and forwarded the same to Korukonda Police Station on the point of jurisdiction. P.W.14-S.I. of police, Korukonda Police Station having received Exs.P18 and P19, registered a case in Crime No.191 of 2014 under Section 498-A and 307 IPC and issued copies of the FIR to all the concerned. Ex.P.20 is the FIR. Thereafter, he proceeded to the hospital and recorded the statement of the injured. He also recorded the statement of P.W.1. Thereafter, he went to the scene of offence, secured the presence of mediators and prepared an observation report-Ex.P11 in the presence of P.W.9 and another. He also prepared a rough sketch-Ex.P22 at the scene of offence. He seized M.Os.1 to 4 at the scene of offence under Ex.P11. He also photographed the scene and photographs were marked as Ex.P21. He also recorded the statements of P.Ws.2 to 5. On the same day at about 8.50 P.M., P.W.12-VI Additional Judicial Magistrate of First Class, Rajamahendravaram received