2026:APHC:13050 APHC010237972018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3547]

(Special Original Jurisdiction)

THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL NO: 1210/2018 Between:

KELAM CHANDRAMOULI, R/O.D.NO.147, FLAT NO.2 SATELLITE CITY, RAJAHMUNDRY RURAL, EAST GODAVARI DISTRICT, NOW IN CENTRAL PRISON, RAJAMAHENDRAVARAM, CT.NO.3564 ...APELLANT AND THE STATE OF A P, rep. by its Inspector of Police, Bommuru Police station, E.G. District, through Public Prosecutor, high Court Buildings, Hyderabad.

...RESPODENT Counsel for the Appellant:

1.M CHALAPATI RAO

2.LEGAL AID Counsel for the Respondent:

1.PUBLIC PROSECUTOR (AP)

The Court made the following:

JUDGMENT : (Per Hon’ble SriJusticeK.SureshReddy)

Sole accused in Sessions Case No.322 of 2013 on the file of the Court of I Additional Sessions Judge, East Godavari District at Rajamahendravaram, is the appellant. He was tried by the learned Additional 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 the accused used to harass his wife Kelam Satyavathi (hereinafter referred to as ‘the deceased’) subjecting her to cruelty both physically and mentally suspecting her fidelity and on 10.12.2012 at about 9.50 A.M. he poured kerosene on her and set her to fire with a match stick, and while undergoing treatment she succumbed to injuries on 11.12.2012, thereby committed offences punishable under Sections. 498-A and 302 IPC.

4. After completion of trial, learned Additional Sessions Judge convicted the accused under Section 302 IPC and sentenced him to suffer imprisonment for ‘LIFE’ and also to pay a fine of Rs.1000/-, in default to suffer simple imprisonment for one month. The learned Additional Sessions Judge also convicted the accused under Section 498-A IPC and sentenced him to suffer Rigorous Imprisonment for a period of one (01) year and also to pay fine of Rs.500/-, in default, to suffer simple imprisonment for one month. Both the substantive sentences were directed to run concurrently. 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:-

(i) The accused and the material prosecution witnesses are residents of Rajahmundry. The deceased was also resident of Rajahmundry and she is none other than the 2^nd wife of the accused. P.W.1 is younger brother of the deceased. P.W.2 is the daughter of accused through his first wife. P.W.4 is none other than the mother of the deceased. The marriage between the accused and the deceased was performed on 11.03.2012. The accused was blessed with two daughters through his first wife. As the first wife of the accused died due to ill health, he married the deceased as 2^nd wife. Ever since the marriage, the accused started harassing the deceased both physically and mentally suspecting her fidelity.

(ii) While so, in the morning of 10.12.2012, P.W.1 was informed by the neighbours stating that the deceased was in flames. Immediately, P.W.1 went to the house of the accused, found his sister with burn injuries lying on the ground. Immediately, he took the injured to Government Hospital, Rajahmundry in an ambulance. Having received the hospital intimation, the Head Constable-P.W.10 who was in charge at out-post of Government Hospital went to the hospital on the same day at about 5.30 P.M. and recorded the statement-Ex.P13 from the injured. He sent the same to Bommuru Police Station on the point of the jurisdiction. On the same day, at about 5.45 P.M., P.W.9-the II Additional Judicial Magistrate of First Class, Rajahmundry, having received hospital intimation-Ex.P11, went to the hospital and recorded the statement-Ex.P12 from the injured.

(iii) P.W.11-Inspector of police, Bommuru Police Station, having received Ex.P13, registered a