Shivaraj V. Patil, JJ. - (1.)The sordid tale of young girl resulting in her death by burn injuries is the subject matter of this appeal before this Court. The evidence of the daughter of the deceased as is available on record clearly brings out the state of affairs prevalent between the husband and the wife since the eight year old daughter has been quite categorical to her statement that her father very often had quarrels with the mother and on the fateful day her father brought kerosene from outside just to pour it on her mother and set her on fire. The girl went on to depose that after setting her mother on fire the father went away on the scooter along with his friend and the mother suffered severe burn injuries all over the body.
(2.)It is only neighbours who could come in rescue of the mother and took her to the hospital where she died on the next day. Incidentally, there are three children out of the wedlock and two of them were staying with the grand mother and since the death of the mother, the deponent - the eight year old girl also went and stayed with the grand mother.
(3.)The records depict that the inspector of police, Begumpet - police station, Hyderabad filed a charge sheet against the accused person under Section 302 of the Penal Code to which the accused pleaded not guilty and claimed to be tried. There were two dying declarations which, however, we would avoid repeating herein by reason of the order as below. The fact remains that the learned sessions judge thought it expedient to convict the accused under Section 306 of the Penal Code and sentenced him to undergo imprisonment for two years.