Suresh Kumar Kait, J. - (1.) The present appeal is preferred against order and judgment dated 25.07.2012 passed in Sessions Case No.186 of 2011 by the XIII Additional District & Sessions Judge, Narasaraopet, whereby the learned trial Court found the appellant guilty for the offence punishable under Section 302 IPC. Accordingly, convicted for the said offence and sentenced to Life Imprisonment.
(2.) The case of the prosecution as per the charge sheet is that : The marriage between the appellant (hereinafter referred to as accused) and Bontha Sravanthi & Lakshmi Koteswaramma (hereinafter referred to as deceased) was performed three years before the incident and blessed with a male child. From the beginning, the accused used to beat, abuse and harass the deceased on one pretext or other without any reason. On 22.04.2010 on the eve of Lord Jesus Thirunalla, LW.1-Bontha Kanikaramma @ Marthamma, who is mother of accused, brought golden ear studs and gave to the deceased. However, the deceased refused to take them. Then, LW.1-Marthamma, told her to throw them on the ground. Accordingly, the deceased thrown on the ground, however, on asking of the accused, the ear studs were picked up by the deceased and put them in the shirt pocket of the accused and hanged the shirt to the clothes wire, and also a chain of her sister-in-law named Jyothi was put in the same shirt pocket. On 27.04.2010 at about 6.00 or 7.00 a.m., the accused asked the deceased to bring the ear studs. Then the deceased searched for the same in the shirt pocket of accused, but could not find them, and she informed the same to the accused. Thereupon, the accused poured petrol on the body of the deceased saying that she has to die. Then the deceased ran in the lane and accused chased her and lit fire with match stick, as a result, her body was burnt. She raised cries and fell down in front of the house portion of LW.1. On hearing the cries, LWs.3 to 5 rushed there and covered her with blankets and extinguished the flames. It was witnessed by LWs.7 to 9. Then the deceased was shifted to Area Hospital, Narasaraopet, through Ambulance. On the same day, at 9.00 a.m., on receipt of hospital intimation, LW.23-HC 2421 Sk. Ch. Subhani of Narasaraopet I Town Police Station, went to the hospital, and recorded the statement of deceased, and sent the same to Station House Officer, Nadendla Police Station, on the point of jurisdiction. Having received the same, it was registered as a case in Crime No.66 of 2010 under Section 307 IPC against the accused. Thereafter, the Sub Inspector of Police, Nadendla Police Station, took up investigation, and examined LWs.1 and 2, and observed the scene of offence in the presence of mediators LWs.13 and 14, and seized material objects under the cover of observation report. Accordingly, he got photographed the scene of offence, prepared rough sketch of scene of offence, and examined LWs.3 to 9. On receipt of medical intimation, LW.19- I Additional Junior Civil Judge, Narasaraopet, went to the hospital and recorded dying declaration of the deceased. The accused was arrested on 07.05.2010 by LW.24-S.I. of Police, in the presence of mediators LWs.15 and 16. Thereafter, recorded the confessional statement of the accused, and then, sent him to the Court for remand. While undergoing treatment, the deceased died on 20.5.2010 at 9.45 a.m., in the hospital. On receipt of death intimation, LW.24-Sk.Abdul Sattar, Sub Inspector of Police, altered the penal section from 307 IPC to Section 302 IPC on 20.5.2010 at 3.00 p.m. Thereafter, LW.25, the then Inspector of Police, Chilakaluripet Rural, took up investigation and verified the investigation of LW.24 and found it on correct lines. On the requisition, LW.20-Mandal Executive Magistrate, Nadendla, held inquest over the dead body of the deceased in the hospital in the presence of LWs.13, 14 and 18. He examined L.Ws.10 to 12. Thereafter, he sent the dead body of the deceased for post-mortem examination. As per the post- mortem report, the deceased died due to septic shock due to burns. The seized material objects sent to FSL, Hyderabad, and received report. Thereafter, the charge sheet was laid before the concerned Magistrate, who committed the case to the Court of Sessions for the offence punishable under Section 302 IPC and the same was registered as SC No.186 of 2010.
(3.) On receipt of case record and after appearance of the accused before X Additional District Judge Court (FTC), Narasaraopet, charge under Section 302 IPC was framed against the accused, the same was read over and explained the substance of charge in Telugu language to him for which the accused pleaded not guilty and claimed to be tried.;