- (1.) This Criminal Appeal is filed by the State against the acquittal order passed by the learned VII Additional Sessions Judge, Kakinada, by its Judgment dated 16.10.2007 in Sessions Case No.86 of 2007.
(2.) The respondents herein were the accused Nos.1 and 2 in Crime No.156 of 2006 of II Town Police Station, Kakinada, for the offence under Section 174 Cr.P.C., which was later altered to Section 302 of Indian Penal Code (in short "IPC").
(3.) The case of the Prosecution, in brief, is that as per the case of the prosecution, deceased viz., Smt. Palika Vijaya, who was originally married to one Prasad, but due to differences separated from him and was living with her parents i.e. P.Ws.1 and 2 herein, at Kakinada, though originally they belong to Krishna District. The deceased Vijaya was working in a private dental hospital and A.1 came in contact with her and in the process they developed illegal intimacy and started living together at Ramaraopet, Kakinada in a rented house belonging to P.W.3 as tenants. On 15.07.2006, in the midnight encouraged by A.2, A.1 poured kerosene on the deceased Vijaya and set fire, and thereafter she was admitted in Sri Venkata Chalapathi Nursing Home, Ramaraopet, Kakinada and later she was shifted to Government General Hospital, Kakinada. On 16.07.2006 the statement of deceased Vijaya was recorded by Head Constable H.C. 1131- K.Rambabu and another statement was recorded at Government General Hospital, Kakinada on 19.07.2006 by the IV Additional Judicial First Class Magistrate (PW13). Finally, the deceased Vijaya died on 31.07.2006 at about 11.45 p.m. After completion of the investigation, P.W.16 filed the charge sheet against the respondents-accused alleging that they are liable for punishable under Sections 302 rear with 34 IPC.;