The appellant is the husband of the deceased Ramulamma having married her about 16 years prior to the date of her death.
PW.7, who is the Police Officer, recorded her statement as per Exhibit P.5 and Ramulamma died at 2 a.m. on 24 12 1988.
in the Civil Hospital to the effect that right from the time of her marriage, her husband used to abuse and beat her in his drunken state and used to harrass her in many ways and on 23.12,1988 at about 1.30 p.m. her husband came home in a drunken state and abused and beat her at that time her children were absent in the house since they had gone to school.
The defence raised in the case is that there was a time gap between the two statement as per Exhibits P 2 and P 5 and she was obviously influenced by others during the time available between the two statements.
In that statement, she stated that her husband was troubling her for about 3 months and on the afternoon of the day of the incident when she was at home her husband brought kerosene in a tin and poured the same over her and set her on fire with match stick.
She further stated that her husband is used to drinking and after drinking would abuse her in vulgar terms.
The police had recorded her statement as per Exhibit P.5 on 23.12.1988 at about 3.20p.m.
The Trial Court and the High Court proceeded on the basis that the statement made by her as per Exhibit P.5 to the police was in the hope of her survival and wanted to shield her husband in that event, but when she became aware that her end had companye near, she decided to speak out the truth and, therefore, she made the statement as per Exhibit P.2 It is on this basis the High Court and the Trial Court sustained the companyviction.
Unable to bear the harassment of her husband, and having got disgusted in her life.
Prior to her death, the Local Magistrate PW.4 was requested to record statement of Ramulamma deceased and at about 7.20 p.m. on 23 12 1988 he recorded her statement in the hospital as per Exhibit P.2.
2002 Supp 1 SCR 648 The Judgment of the Court was delivered by RAJENDRA BABU, J. The appellant before us is charged with having companymitted murder of his wife Ramulamma on 23 12 1988 by pouring kerosene on her and setting her on fire at about 130 p.m. in his house punishable under Section 302 IPC.
While the appellant and the deceased used to live in Shanthinagar Colony in Miryalguda Parvatha Reddy PW.l and Lakshmi Reddy PW.2 are their neighbours.
Laxma Reddy PW.3 is the younger brother of the deceased Ramulamma.
She further stated that her husband was present in the house at that time and he did number help her but her neighbours Parvatha Reddy PW.l and Lakshmi Reddy PW.2 brought her to the hospital for treatment.
On 23 12 1988 at about 1.30 p.m., the deceased Ramulamma came out of the house with her clothes aflame.
1 and PW.2 doused the fire with the help of others and took her to the hospital.
She stated that her husband asked her number to go out by companyering her with a blanket but she came out weeping, in the meantime her younger brother Laxma Reddy came and he brought her to the hospital in a rickshaw.
She poured kerosene on her body and set herself on fire with a match stick.
Apart from the statement as per Exhibit P 2 there is numberother material on record regarding the offence charged against the appellant.
He is a driver with the Andhra Pradesh Road Transport Corporation.
