important Point
Conviction can be recorded on the basis of the dying declaration alone if it is wholly reliable.

judgment

Lokeshwar Singh Panta, J. —

1.The above-said two appeals relate to single incident and are directed against common Judgment dated 22nd December, 2005 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal No.2290 of 2004, they are heard together and shall stand disposed of by this common judgment.

2.Criminal Appeal No.763 of 2006 has been filed by G. Venkatesh (A-1) against his conviction under Section 302 of the Indian Penal Code [for short ‘IPC’] and sentence to undergo imprisonment for life and to pay a fine of Rs.2000/-, in default thereof to suffer simple imprisonment for two months. Criminal Appeal No.758 of 2006 has been filed by J. Ramulu (A-2) against his conviction under Section 302 read with Section 34 of IPC and sentence to undergo imprisonment for life and to pay a fine of Rs.2000/-, in default thereof to suffer simple imprisonment for two months, passed by II Additional Metropolitan Sessions Judge, Hyderabad and confirmed by the High Court in Criminal Appeal No. 2290 of 2004. 3.In all, nine accused persons were tried by the II Additional Metropolitan Sessions Judge, Hyderabad, in Sessions Case No.352 of 2001 for the offences under Section 302, IPC, and Section 302, IPC, read with Section 34 of IPC and Section 109 of IPC. A-1 and A-2 were found guilty of the murder of G.Janardhan, while other seven accused were acquitted of the charges.

4.Briefly stated, the case of the prosecution against A-1, A-2 and other accused persons is that G. Janardhan was resident of Anandnagar Colony, Malakpet. A-1 is resident of R.K. Puram, whereas A-2 and A-7 are residents of Dilshuknagar and A-3 and A-6 are residents of Chaitanyapuri. A-4 is resident of Vanaparthy, Mahaboobnagar District, A-5 is resident of Kothakota, Mahaboobnagar District, and A-8 & A-9 are residents of Jadcherla, Mahaboobnagar District. A-1, A-2 and G. Janardhan were partners in Manjunadha Rice Mill and they had some disputes between themselves and other partners regarding the mill transactions. G. Janardhan filed O.S. No.92 of 1999 on the file of the I Additional Senior Civil Judge, Ranga Reddy, against A-1 and A-2 for dissolution of the partnership of the mill. Second suit O.S.No.579 of 1994 on the file of the II Additional Senior Civil Judge, Ranga Reddy, is also pending between the parties. G. Janardhan also filed C.C. No.114 of 1998 on the file of the Additional Judicial First Class Magistrate, Hyderabad, inter alia alleging that the accused persons cheated him in the transactions of the rice mill.

5.On 08.07.2000 at about 4.00 P.M., G. Janardhan along with his eldest paternal uncle G. Satyanarayana went to Ramkrishna Muth and after completing of their prayers, they came back to their residence by city bus. After getting down from the bus, G. Satyanarayana went to his house, while G. Janardhan proceeded to go to his house. A-1 and A-2 stated to have come from the rice mill road on a Scooter. A-1 was pillion rider, he sprinkled acid on the face of G. Janardhan with a Mug. G. Jandardhan shouted for help which attracted the attention of G. Raju, son (PW-1), Jamuna Rani, daughter (PW-2), G. Savithri, wife of G. Janardhan (PW-3), who were sitting in the verandah of their house. They immediately came to the spot and took G. Janardhan to Yashoda Hospital for medical treatment. G. Janardhan received burn injuries on his face, chest and neck. PW-1 went to the Police Station Chaderghat, Hyderabad and handed over complaint (Ex.P1) to Shri B. Sivaranireddy (PW-9), who, at the relevant time, was Sub-Inspector of the Police Station, Chaderghat. On the basis of the said complaint, FIR (Ex.P26) was registered under Section 307 read with Section 34 of IPC. G. Guravaiah (PW-13), Sub-Inspector of Police took up investigation of the crime at 10.20 P.M. on the same day. He went to Yashoda Hospital, Malakpet, where injured G. Janardhan was admitted in emergency ward. He recorded the statements of PWs-1, 2, 3 and G. Anuradha (PW-4) wife of PW-1 a