JUDGMENT :

A.SANTHOSH REDDY, J.

Appellants 1 and 2 herein are A-1 and A-2 in Sessions Case No.456 of 2012, on the file of the Special Sessions Judge for Trial of Cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act-cum-Additional Sessions Judge, Khammam, were convicted for the offences punishable under Sections 302 and 302 read with Section 34 IPC respectively and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for six months, by judgment dated 10.02.2014.

2. Learned counsel for the appellant-A-2 before commencement of his submissions brought to the notice of this court that the appellant-A-2, who is mother of appellant-A-1, was granted special remission by the Government and was released from prison. In the light of the said submissions, the appeal, insofar as the appellant-A-2, stands dismissed, as the same has become infructuous.

3. The prosecution case, briefly stated, is as follows:

Appellant-A-1 is the husband of the deceased Saidamma (hereinafter referred to as ‘the deceased’). Their marriage was held about 9 years prior to the incident as per their caste customs. They led conjugal life for some years and were blessed with a male child, aged about 3 years at the time of the alleged incident. A-2 is the mother of A-1 and A-3 to A-5 are the sister and brothers of A-1. Later, all the accused started harassing the deceased physically and mentally, demanding additional dowry. A-1 developed illicit intimacy with another lady and was not looking after the deceased since two years prior to the incident and used to harass her to bring additional dowry from her parents. About six months prior to the incident, A-1 to A-5 necked her out from the house and a complaint was lodged with the police who counselled A-1 to A-5 and they compromised the issue and the accused assured that they will look after the deceased well and took her to their house at Vikramnagar Village. On 27.09.2011 evening at about 1530 hours, A-1 decided to do away with the life of the deceased, intentionally quarreled with her on the pretext that she was quarelling with his mother (A-2) and sister (A-3) and beat her indiscriminately. The deceased fell down and A-3 brought a kerosene bottle from the house and gave it to her mother A-2, who poured kerosene on the deceased, A-1 brought a match box and gave it to her mother (A-2) and A-2 lit fire to the deceased. The deceased sustained severe burn injuries. Immediately, she was shifted to Pooja Hospital, Khammam. The duty doctor sent a requisition to the learned Magistrate (P.W.11) for recording the dying declaration and the learned Magistrate recorded the dying declaration of the deceased. While undergoing treatment on 13.11.2011 at 08:00 a.m., the deceased succumbed to injuries.

4. The father of the deceased lodged a report with police in Ex.P-1. P.W.10, the then Sub-Inspector of Police, initially registered a case in Cr.No.154 of 2011 for the offences punishable under Sections 498-A and 307 IPC and thereafter altered the section of law from Sections 307, 498-A read with Section 34 IPC to Sections 302 IPC, 498-A read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act and submitted FIRs to all the concerned. P.W.10 examined P.W.1 and recorded his statement on 15.10.2011 and later arrested A-1 to A-5 and produced them before the court. During the course of investigation, P.W.10 went to Government Hospital, Khammam and recorded the statement of deceased and also examined P.W.2 and recorded her statement. Thereafter, he visited the scene of offence and prepared scene of offence panchanama in the presence of P.Ws.7 and 9 and seized M.Os.1 to 7 i.e., burnt saree, blouse, petty coat, kerosene bottle, burnt match sticks, match box and broken bangle pieces. On 13.11.2011, the deceased succumbed to injuries. P.W.10 altered the section of law and submitted a memo in Ex.P-11.

5. It is further stated that investigation wa