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C. PRAVEEN KUMAR, B. V. L. N. CHAKRAVARTHI
Challa Srinu, E. G. Dist. – Appellant
Versus
P. P. , Hyd – Respondent
JUDGMENT:
(C. Praveen Kumar, J.)
1. Sole accused in Sessions Case No.232 of 2012 on the file of XVI Additional District & Sessions Judge at Nandigama, is the appellant herein. The present Criminal Appeal came to be filed under Section 374(2) of the Code of Criminal Procedure, 1973, challenging the judgment, dated 12.12.2014 in Sessions Case No.232 of 2012 on the file of XVI Additional District & Sessions Judge at Nandigama. Vide Judgment, dated 12.12.2014, the learned Sessions Judge convicted the accused and sentenced him to suffer imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code, 1860 [For short ‘I.P.C’.].
2. The gravamen of the charge against the accused is that, on 28.12.2010, the accused, being the husband of Challa Parvathi [deceased], abused her, beat her on the left side temporal region with a wooden cot leg, then tied both her hands to the cot with a plastic tape, poured kerosene and set her on fire.
3. The facts in issue are as under:
Dying declaration - Corroboration from the oral dying declarations made by the deceased, coupled with the evidence of Doctor.
Dowry death – Conviction upheld - Prosecution succeeded in establishing the guilt of the appellant/accused beyond reasonable doubt and the trial court rightly convicted the appellant.
The court clarified the legal position regarding the admissibility of dying declarations and the interpretation of Explanation II to Section 299 IPC in cases of culpable homicide.
Point of law : In the absence of the same, a doubt arises as to whether really P.W.1 is speaking the truth in the Court. It is not a case where P.W.1 was declared hostile having regard to his version....
Merely because, some superficial burn injuries were present on the fingers of the accused, it does not lead to any irresistible conclusion that he made efforts to put off the flames.
Dying declarations, if consistent and credible, can support a conviction without corroboration, as established by the court.
Convictions based primarily on dying declarations are deemed unsafe without corroborative evidence, especially where doubts about the reliability of such statements exist.
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