L.NARASIMHA REDDY, J. - (1.) THE sole accused in S.C. No.166 of 2009 on the file of the II Additional Chief Metropolitan Magistrate, Hyderabad, filed this appeal feeling aggrieved by the judgment, dated 06.08.2009 rendered therein. He was tried for the offence of committing the murder of his wife, by name, Swaroopa, in the afternoon of 11.01.2009. The trial Court found the accused guilty of the offence alleged against him and sentenced him to undergo imprisonment for life and to pay fine of Rs.1,000/ -, in default to undergo simple imprisonment for 15 days.
(2.) THE facts, as presented by the prosecution, are that the deceased was married to the accused 22 years prior to the date of incident and out of their wedlock, they had three daughters and one son. The accused is said to be the Carpenter by profession. It was alleged that he used to pick up quarrel with his wife on trivial issues, including the one relating to cooking of the food. On 11.01.2009 the accused is said to have picked up quarrel with his wife in the morning and in protest, she left for the house of her parents. She is said to have returned at 4.00 p.m. on that day, and once again the accused picked up quarrel with her, poured kerosene, set her on fire, and pushed out of the house. PW -2, the neighbour, is said to have noticed the deceased with flames and immediately he extinguished the fire by pouring water. He is also said to have given information about the same to PW -3, the daughter of the accused and the deceased, the mother of the deceased (not examined); and the mother and daughter of the deceased admitted her in the Osmania General Hospital at 9.30 p.m. PW -6, the Investigating Officer, rushed to the hospital on receiving the information about the incident and recorded the statement from the deceased, marked as Ex.P -5 and registered a crime under Section 307 IPC against the accused. While undergoing treatment, the deceased is succumbed to injuries on 15.01.2009. On the next day, PW -1, the father of the deceased, submitted a complaint alleging the said offence. The provision in the FIR was altered and the investigation was taken up. PW -6 filed the charge sheet against the accused alleging offence punishable under Section 302 IPC. The trial Court framed charges of the same and on the accused pleading not guilty, conducted the trial.
(3.) THE prosecution examined PWs.1 to 8 and filed Exs.P -1 to P -8. MOs.1 to 3 were taken on record. No evidence was adduced by the defence. The trial Court convicted and sentenced the accused through its judgment under appeal.;