JUDGMENT

C. Praveen Kumar, J.—Assailing the judgment dated 24.01.2011, in S.C.No.163 of 2010 on the file of the III Additional Sessions Judge, Nalgonda, wherein the trial Court, while acquitting the accused under Section 498-A IPC, found him guilty under Section 302 IPC, the present Criminal Appeal came to be filed by the accused.

2. The substance of the charge against the accused is that, on 18.09.2009, at about 18.30 hours, he is alleged to have poured kerosene on his wife Pallapu Dhanalaxmi (hereinafter referred to as the deceased) and set her on fire. He was found guilty for the offence punishable under Section 302 IPC for causing the death of one Pallapu Dhanalaxmi and was sentenced to suffer imprisonment for Life and to pay a fine of Rs.5000/-, in default to undergo simple imprisonment for six months.

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

P.Ws.1 to 3 are the neighbours, P.W.4 is the mother-in- law, P.W.5 is the mother and P.Ws.6 and 8 are the sisters of the deceased. The marriage of the accused with the deceased was performed about eleven years back and out of wedlock they were blessed with one daughter by name Sudha Rani, who was aged about eight years at the time of the incident. Thereafter, the accused got addicted to vices and started harassing the deceased mentally and physically, suspecting her fidelity. Unable to bear the torture, the deceased went to her parents house and informed the same to her parents. On hearing the same, the mother of the accused went to the house of the deceased, convinced her and took her back to their house. While so, on 18.09.2009, at about 6.30 p.m., in the absence of the family members, the accused tied the deceased to a chair, poured kerosene over her body, set fire to her and then managed to escape from there. On hearing the cries of the deceased, P.Ws.1 to 3 rushed there and shifted her to the Community Health Center, Kodad, but she succumbed to burn injuries on the way to Area Hospital, Suryapet.

On receiving information, P.W.13-the Sub-Inspector of Police, Nadigudem Police Station, rushed to the Community Health Center, Kodad, recorded the statement of P.W.1-mother of the deceased. Ex.P1 is the statement of P.W.1. He sent Ex.P1, through P.C.1209 to Nandigama Police Station for registration of a crime. Basing on Ex.P1, a case in Cr.No.109/2009 under Section 498-A and 307 IPC was registered and sent the C.D. file to P.W.13.

On 18.09.2009 at about 8.00 p.m., P.W.13-the Sub- Inspector of Police filed a requisition to record the dying declaration of the deceased-Pallapu Dhanalaxmi. Accordingly, P.W.12, the Tahsildar, Kodad, proceeded to the hospital and recorded the dying declaration of the deceased and immediately forwarded it to the Judicial First Class Magistrate, Kodad. Ex.P6 is the dying declaration recorded by P.W.12. During the course of investigation, P.W.12 visited the scene of offence and conducted panchanama in the presence of P.W.10 and L.W.15. Ex.P2 is the scene of offence panchanama and Ex.P3 is the rough sketch of the scene of offence. At the scene of offence, he seized M.Os.1 to 5. On receiving the death intimation, P.W.13 altered the Section of law from 498-A, 307 IPC to 498-A, 302 IPC on 19.09.2009. Ex.P8 is the altered F.I.R. Subsequently P.W.14, the Circle Inspector of Police, who took up further investigation, examined L.Ws.2 to 10 and in the presence of P.W.10 held inquest over the dead body. Ex.P4 is the inquest report. Later the body was sent for postmortem examination. Dr.S.Swarnalatha, Civil Assistant Surgeon, Community Health Center, Kodad-L.W.20, held autopsy over the body and issued postmortem report opining that the cause of death is due to burns and hemorrhagic shock. Ex.P12 is the postmortem certificate.

4. After filing the charge sheet, the learned Judicial First Class Magistrate, Kodad, took cognizance of the case against the accused for the offences punishable under Sections 302 and 498-A IPC and numbered the same as P.R.C.No.11 o