BAKKA SUDHAKAR SUDHA ERMIA Vs. STATE OF A P
LAWS(APH)-2019-8-65
HIGH COURT OF ANDHRA PRADESH
Decided on August 28,2019

Bakka Sudhakar Sudha Ermia Appellant
VERSUS
STATE OF A P Respondents

JUDGEMENT

T. Rajani, J. - (1.)This appeal is preferred against judgment dated 29-10-2008 in S.C.No. 395 of 2007 on the file of the Court of II Additional District and Sessions Judge (FTC), Ongole (for short, 'the Court below'), by virtue of which the Court below convicted the appellant-accused for the offences punishable under Sections 304 Part I and 498-A IPC and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.500/-, in default to suffer simple imprisonment for one month; and rigorous imprisonment for two years and to pay fine of Rs.500/-, in default to suffer simple imprisonment for one month respectively for the above two offences.
(2.)The facts of the case briefly are that the accused and the deceased got married on 05-08-2004 and had a male child; since the time of marriage, the accused has been harassing the deceased both physically and mentally suspecting her fidelity; the deceased has been informing the same to her parents; on 05-08-2006 at about 9 p.m., the accused came home, had dinner and when he was about to leave the house, the deceased questioned him and asked him to stay back in the house; thereupon, the accused got angry, picked up quarrel, poured kerosene on her and set fire, as a result the deceased sustained severe burn injuries; neighbours gathered on hearing cries of the deceased and put off the flames; from the scene of offence, the deceased was shifted to hospital by the neighbours; the statement of the deceased was recorded by magistrate; based on the statement of the deceased, a case in crime No. 325 of 2006 under Section 307 IPC was registered; the deceased succumbed to the injuries while undergoing treatment; the Section of law was then altered to Sections 302 and 498-A IPC; and after due investigation, charge sheet was laid against the accused for the same offences.
(3.)The committal Court, on appearance of the accused, complied with all the required legal formalities and committed the case to Sessions Division, Ongole, Prakasam District, as the case is exclusively triable by Sessions Court. The Sessions Judge, in turn, numbered the case and made it over to the Court below. The Court below, on appearance of the accused before it, framed charges for the offences punishable under Sections 302 and 498-A of IPC. After recording the plea of not guilty by the accused, the Court below conducted trial and examined P.Ws.1 to 18 and marked Exs.P1 to P21 and M.Os.1 to 12 on behalf of the prosecution. Exs.D1 and D2 were marked during the cross-examination of P.W.2. After completion of prosecution evidence, the accused was examined under Section 313 of Cr.P.C. for the incriminating circumstances appeared against him, which he denied and reported no evidence on his behalf.
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