THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL APPEAL No.1105 OF 2017 JUDGMENT: (per The Hon'ble Sri Justice K.SURENDER)

The appellant was convicted under sections 498-A and 302 of Indian Penal Code. He was sentenced to undergo 3 years rigorous imprisonment under Section 498-A and life imprisonment under Section 302 of Indian Penal Code.

2. Heard learned Senior Counsel Sri C.Damodar Reddy appearing for the appellant and Sri D.Arun Kumar, learned Additional Public Prosecutor, for the respondent-State.

3. The incident took place on 10.01.2014 around 1.00 p.m. According to the prosecution case, the appellant was addicted to alcohol and used to pick up quarrel with his wife, frequently. The parents of the deceased were neighbours. The appellant was not doing any work on a daily basis. On 9.01.2014, there was a quarrel and again on 10.01.2014 in the morning, the appellant left home, but he could not get any work and returned home in an intoxicated condition at 1.00 p.m. There was again a quarrel in between the appellant and the deceased, for which reason, the deceased went to her parents’ house. Her parents are neighbours. The appellant also went there, poured Kerosene on her and lit her on fire with match stick. When she was in flames, the appellant and others extinguished the fire and took her to the MGM Hospital, Warangal.

While undergoing treatment, she died on 19.01.2014.

4. After the deceased was taken to the hospital, on 10.01.2014 around 4.25 p.m., the learned Magistrate PW.14 commenced recording statement of the deceased. In the statement to the Magistrate, the deceased narrated that her parents were staying beside their house. The appellant used to come home in a drunken condition, regularly, and harassed her. Five years prior to the incident, a complaint was lodged with Mattewada Police by her. However, the matter was resolved by the Police. On the date of incident, the appellant poured kerosene on her and lit her on fire. Hearing her shout, the parents of the deceased came there, poured water on her and shifted her to the hospital. In the statement made to the Magistrate, she further stated that the appellant was having illegal relations with other women.

5. PW.16-S.I of Police, recorded the statement of the deceased which is Ex.P7. The said statement was registered as FIR by PW.11 at 9.00 p.m. In the statement given to the S.I of Police, the deceased narrated regarding the harassment by the appellant. She also stated that the appellant came home in a drunken condition and they quarreled. When she went to her parents’ house, the appellant followed her and there he poured Kerosene on her and lit her on fire. While she shouted for help, the appellant poured water with a bucket and immediately the parents also arrived. Thereafter, she was taken to the hospital. Ex.P13-161 Cr.P.C. statement of the deceased was recorded by PW.16-S.I of Police.

6. Learned Sessions Judge placing reliance on the statement made by the deceased to Magistrate and S.I of Police, and other witnesses corroborating the incident, recorded conviction.

7. The learned Senior Counsel appearing for the appellant would submit that the place of offence is in dispute. In one statement, the deceased stated that the burning happened in their house i.e., where she and the appellant were living. In the other statement, deceased stated that when there was a quarrel, she went to her parents’ house which is beside their house and there the appellant followed her and poured Kerosene on her. The said discrepancy gives rise to a doubt regarding correctness of the statement made by the deceased. In fact, defence witnesses were examined who stated that the deceased was having suicidal tendencies and she also attempted suicide earlier. It appears from the background of the case that having burnt herself, for the reason of tutoring by her parents, a false statement was made by the deceased.

8. It is admitted that the appellant and