JUDGMENT:

(per the Hon’ble Sri Justice P. SAM KOSHY)

The present is an appeal under Section 374(2) of the Cr.P.C filed by the appellant – accused challenging the judgment of conviction dated 12.02.2018 in Sessions Case No.93 of 2017 passed by the Judge, Family Court-cum-Addl. Sessions Judge at Karimnagar.

2. Heard Mrs. D.Madhavi, learned counsel for the appellant and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent – State.

3. Vide the impugned judgment, the Trial Court in a case where the appellant was prosecuted for the offences under Section 498A and Section 302 of the Indian Penal Code, 1860 (for short, ‘IPC’), however, found the case of the prosecution proved so far as the offence punishable under Section 302 of IPC is concerned. Accordingly, upon convicting the appellant under Section 302 of IPC, sentenced him to under rigorous imprisonment for life and fine of Rs.2,000/- with default stipulation.

4. The case of the prosecution, as per the charge-sheet, is that the appellant is said to have killed his wife Kandula Sujatha (hereinafter, the ‘deceased’) by pouring kerosene over her body and setting her ablaze. The incident took place on 05.02.2012 at around 7:00 P.M. at Gurrampally Village, Peddapally Mandal, Karimnagar District. As per the prosecution, on 19.02.2012, PW.1 (Choppari Mahesh) who is the younger brother of the deceased lodged a complaint at Peddapally Police Station in district Karimnagar contending that her sister who was married to the appellant in March, 2004, and that they had two sons from the said marriage, however, after a few years of the marriage the appellant became addicted to liquor and thereafter he used to harass his sister both mentally as also physically. He also used to harass her doubting her fidelity.

5. It was also the case of PW.1 that the appellant used to harass the deceased demanding more and more money and on 05.02.2012 at around 7:00 P.M. the appellant is said to have picked up a quarrel with the deceased, assaulted her and finally poured kerosene upon her and set her ablaze. Upon the deceased raising hues and cries, the neighbors came rushing. PW.5 (Madireddi Ramana Reddy) who had reached the spot, poured water upon the deceased and put off the flames, covered her body with a blanket and then informed PW.1 about the incident. Thereafter, the deceased was taken to the hospital first at the Government Hospital, Peddapally. From there she was shifted to Government Hospital, Karimnagar and again she was further shifted to Gandhi Hospital at Hyderabad.

6. The incident is of 05.02.2012, the complaint was lodged on 09.02.2012 and the deceased ultimately succumbed to the burn injuries on 25.02.2012. Upon receipt of the complaint on 19.02.2012, a case was registered as Cr.No.55 of 2012 under Section 498A and 307 of IPC and subsequent to the death of the deceased; offence under Section 307 was substituted by the offence under Section 302 of IPC. The matter was subsequently investigated and the charge-sheet was filed and the matter was thereafter put to trial before the Judge, Family Court-cum-Addl. Sessions Judge at Karimnagar where the case was registered as Sessions Case No.93 of 2017. The prosecution in all examined as many as ten witnesses and in the course marked Exs.P1 to P10. No witnesses were examined in defence; neither was there any document marked at the behest of the appellant. Subsequently, after recording the statement of the appellant under Section 313 of Cr.P.C, the Trial Court finally vide the impugned judgment found the appellant not guilty of having committed the offence under Section 498A of IPC, however, found him guilty of having committed the offence under Section 302 of IPC and accordingly convicted him for the said offence and sentenced him to undergo rigorous imprisonment for life and fine, all of which has already discussed in paragraph No.3 of this judgment.

7. Learned counsel for the appellant at the first instance contended that