JUDGMENT:

B.V.L.N.Chakravarthi, J.

1. Heard Sri G.Vijaya Saradhi, learned counsel for the appellant/accused No.1 and Sri S.Dushyanth Reddy, learned Addl.Public Prosecutor for respondent/State.

2. The appeal is filed by the appellant/accused No.1 aggrieved by the judgment dated 01.02.2016 passed in S.C.196/2010 on the file of the learned IV Addl.District & Sessions Judge, Nellore, SPSR Nellore District.

3. The facts as culled out from the evidence of prosecution witnesses are as under:

(i) The appellant/accused No.1 and Smt.Sk.Shakira (hereinafter referred to as ‘deceased’) are husband and wife; their marriage was solemnized on 17.05.1998; out of their wedlock, they blessed with one son and one daughter; the appellant/A-1 went to Saudi Arabia; he returned to India two years prior to the date of offence; Smt.Sk.Julekabee (A-2) is the mother of A-1; Smt.SyedBibijan (A-3) is the sister of A-2; A-2 and A-3 instigated A-1 to demand Rs.1,00,000/- from the deceased; the accused No.1 to 3 were harassing the deceased, demanding additional dowry.

(ii) On the intervening night of 5/6.05.2009 at about 01.00 a.m. A-1 came to the house in intoxicated condition; A-1 beat the deceased suspecting her fidelity; the deceased questioned A-1 about his conduct; A-1 grew wild, beat the deceased indiscriminately, dragged her to the corner of the kitchen, poured kerosene and set her on fire in the presence of children; the deceased raised cries; A-1 immediately tried to put off the flames, pushed her into a water tub; on hearing cries of the deceased, ShaikGhouse Basha (P.W-6) and others came to the house of accused; they found the deceased with burn injuries; the deceased was shifted to Praja Vydyasala (hospital) belonging to Dr.N.Prabhakar Naidu (P.W-10); later shifted to Charitha Sree Hospital, Vijayawada on 07.05.2009; on intimation from hospital, Sri P.D.S.Prasad, Head Constable of Police of Suryaraopet Police Station, Vijayawada, (P.W-8) visited the hospital and recorded statement of deceased (Ex.P-4); it was forwarded to Kavali Police Station; III Metropolitan Magistrate, Vijayawada, (P.W-11) on receipt of requisition from the hospital, visited the hospital and recorded dying declaration of deceased (Ex.P-5); Sub Inspector of Police, I Town Police Station, Kavali, (P.W-14) on receipt of Ex.P-4, registered a case in Cr.No.75/2009 for the offence U/s.498-A and 307 of INDIAN PENAL CODE , 1860 (for brevity ‘IPC’) vide Ex.P-9 and submitted copies to all concerned; he visited Charitha Sree Hospital at Vijayawada, examined the deceased and recorded her statement.

(iii) Sub Inspector of Police also examined Shaik Shareef (P.W-2), Shaik Baji (P.W-4) and others and recorded their statements; he obtained copy of dying declaration recorded by the Magistrate; on 08.05.2009 he visited scene of offence i.e., house of accused No.1 and deceased situated in Ishakmiyavari Street, Kavali and prepared scene observation report (Ex.P-10) and rough sketch (Ex.P-11) in the presence of P.W-9 and another mediator; he examined Shaik Ghouse Basha (P.W-6), Md.KouserJohn (P.W-7) and others and recorded their statements; he seized M.O-1 burnt clothes, M.O-2 cloth pieces having skin peeling, M.O-3 broken bangle pieces, M.O-4 water plastic can, M.O-5 partly burnt mixer, M.O-6 burnt plastic hair bonds, M.O-7 partly burnt combed hair and M.O-8 towel at the scene of offence.

(iv) Further investigation was conducted by the Inspector of Police, Kavali (P.W-15); on receipt of information about death of deceased on 23.05.2009, he came to Vijayawada, visited the hospital; he secured witnesses Mohammed Shaheeda (P.W-3), Shaik Ghora Babu (P.W-5) and others and recorded their statements; inquest was conducte