HIGH COURT FOR THE STATE OF TELANGANA CRIMINAL APPEAL NO.1297 OF 2010 Between:

Vemula Manga, W/o V.Venkatesh, 30 years, Waddera, Maid Servant, H.No.29-1508/19, Neredmet, Hyderabad.

.. Appellant /accused.

Vs.

The State of Telangana rep. by its Public Prosecutor, High Court, Hyderabad.

.. Respondent/complainant JUDGMENT PRONOUNCED ON: 17.07.2025 THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

1. Whether Reporters of Local newspapers Yes may be allowed to see the judgment?

2. Whether the copies of judgment may be Yes marked to Law Reporters/Journals

3. Whether his Lordship wishes to Yes see the fair copy of the judgment? ___________________________

JUSTICE E.V.VENUGOPAL * THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL + CRIMINAL APPEAL NO.1297 OF 2010 % DATED 17^th July, 2025 # Between:

Vemula Manga, W/o V.Venkatesh, 30 years, Waddera, Maid Servant, H.No.29-1508/19, Neredmet, Hyderabad.

.. Appellant /accused.

Vs.

The State of Telangana rep. by its Public Prosecutor, High Court, Hyderabad.

.. Respondent/complainant

! Counsel for the Appellant : Mr.N.Naveen Kumar ^Counsel for Respondent : Mr.E.Ganesh, Assistant Public Prosecutor ? CASES REFERRED :

1)

Mariano Anto Bruno v. The Inspector of Police (MANU/SC/1310/222);

2)

State of West Bengal v. Orilal Jaiswal(MANU/SC/0321/1994);

3)

Jayadeep Singh Pravinshinh Chavda v. State of Gujarat ((2025) 2 SCC 116);

4)

Irfan@Naka v. State of Uttar Pradesh (2023 SCC Online SC 1060);

5)

Mahendra Awase v. State of Madhya Pradesh ((2025) 4 SCC 801);

6)

Adevappa nagappa Anagolkar v. State of Karnataka(1997 SCC Online Kar

60);

7)

S.S. Chheena v. Vijay Kumar Mahajan and Another ((2010) 12 SCC 190);

8)

Jayedeepsinh Pravinsinh Chavda and Others v. State of Gujarat (2024 SCC OnLine SC 3679);

9)

Ramesh Kumar v. State of Chhattisgarh ((2001) 9 SCC 618);

10)

Ude Singh and Others v. State of Haryana ((2019) 17 SCC 301).

THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No.1297 OF 2010

JUDGMENT:

This Criminal Appeal is filed by the appellant/accused challenging the conviction and sentence passed by the learned V Additional Assistant Sessions Judge (F.T.C), Rangareddy District, made in Sessions Case No.115 of 2010, dated 20.10.2010, registered for the offence under Section 306 of the Indian Penal Code, 1860 (for short, ‘IPC’) wherein and whereby the appellant herein was sentenced to undergo Rigorous imprisonment for a period of three (3) years and to pay a fine of Rs.2,000/- (Rupees two thousand only), in default, to undergo rigorous imprisonment for a period of six (6) months.

2. The facts which lead to the present appeal are as under:

The marriage of Sri Vemula Venkatesh (hereinafter referred to as ‘the deceased’) was performed with the accused about twelve years ago. They were blessed with one daughter and one son. One year prior to the date of offence, as the accused suffered with illness, he had undergone treatment. Since then the deceased started maintaining distance with the accused. The accused has started quarreling with the deceased and whenever he received any phone call she was saying that phone call came from women with whom he is moving very close. The deceased also started quarreling with the accused saying that she is not treating him properly and not giving food. On that Sk.Javeed (P.W-3), R.Srikanth (P.W-7) and Jupally Babu Rao convinced them. On the afternoon of 21.09.2009, when the accused took the deceased pant for washing, she found few condom packets in the pocket and when she enquired about the same with him in the night, they both quarreled with each other. On the same day, at about 11.00 P.M., the deceased poured kerosene upon himself and set fire. On hearing, hue and cries of the deceased, the accused extinguished the fire and admitted him in Gandhi Hospital. On 25.09.2009 at about 11.00 A.M., the deceased died while undergoing treatment. 3. On complaint, Police, Neredmet Police Station, have registered a case in Crime No.347 of 2009 under Section 174 of the Code of Criminal Procedure, 1973. During the course of investigation, S