M. Satyanarayana Murthy, J. -
(1.)It is a case where the appellant/accused allegedly murdered one Pujala Naga Subbamma in the wee hours of 10.01.2011 for refusing to satisfy his lust, by pouring kerosene and setting fire to her body in her residential house. After trial, the appellant/accused was found guilty for the offence punishable under Section 302 I.P.C, convicted and sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/- in default to suffer rigorous imprisonment for a period of three months. Aggrieved by the conviction and sentence in Sessions Case No.4 of 2012 passed by the V Additional District and Sessions Judge, Tirupati, the present criminal appeal is filed.
(2.)The factual matrix of the case as culled out from the record is as follows:
The deceased - Pujala Naga Subbamma was residing with her two daughters Navitha and Nikitha at D.No.3-413, Yerramreddygutta, Piler Town. Her husband Pujala Mallikarjuna was working in Kuwait to earn money and eek out livelihood, as they were not able to earn sufficiently by their caste profession weaving. Pujala Naga Subbamma got acquaintance with the accused - Shaik Abdul Azeez, resident of Thimmapuram Cross, K.V. Palli Mandal, one year ago through her sister Prasuna. She used to talk to him frequently and he used to visit the house of Pujala Naga Subbamma and they developed friendship.
(3.)Taking advantage of the friendship, the appellant/accused demanded Pujala Naga Subbamma to satisfy his sexual desire, but she refused blatantly. On 04.12.2010, husband of Pujala Naga Subbamma returned to his house from Kuwait and stayed for few days. Again he went to Kuwait on 06.01.2011. On coming to know about the departure of Mallikarjuna to Kuwait from Yerramreddy Gutta, the appellant/accused who was waiting for an opportunity went to the house of Pujala Naga Subbamma in the intervening night of 09/10.01.2011 by concealing himself outside the steps. On 10.01.2011 in the early hours i.e. at about 3-45 a.m, when Pujala Naga Subbamma came out of her house for attending nature calls, the accused who was hiding beside the steps, trespassed into her house and soon after arrival of Pujala Naga Subbamma into the house, the accused bolted the door and demanded her to fulfill his sexual desire, she had refused and picked up quarrel. When Pujala Naga Subbamma refused to fulfill his sexual desire, he became frustrated and threatened to kill her. The accused became infuriated and picked up kerosene can and poured kerosene on her and set her on fire with the intention to kill her, knowing that those injuries would cause her death. As a result, Pujala Naga Subbamma sustained thermal burn injuries. Due to fear, the deceased tried to catch hold of the accused, but, the accused pushed her away and absconded from there. In the same incident, the accused received burn injuries to his hands and other parts of the body. Due to burn injuries, Pujala Naga Subbamma came out from house with flames on her body and raised hue and cry, the neighbours woke up, put off the flames by pouring water and they had shifted her to Community Health Centre, Piler in '108' ambulance. On receipt of hospital intimation, Sri G. Hari, Judicial Magistrate of First Class (P.W.13), Piler recorded the statement of the injured Pujala Naga Subbamma and thereafter, she was shifted to SVRRGG Hospital, Tirupati for better treatment.