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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
C. PRAVEEN KUMAR, B.V.L.N. CHAKRAVARTHI, JJ.
Usthela Kondaiah, Prakasam Dist. - Appellant
Versus
State Of A.P. - Respondent
Criminal Appeal No. 218 of 2015
Decided on : 31-10-2022
CRIMINAL APPEAL - SECTION 302 IPC - DYING DECLARATION - ADMISSIBILITY - HEAT OF PASSION - EXPLANATION II TO SECTION 299 IPC - CULPABLE HOMICIDE - DEATH DUE TO COMPLICATIONS OF BURNS - PROPER TREATMENT - LEGAL POSITION:
Fact of the Case:
The appellant was convicted for the offence punishable under Section 302 IPC for causing the death of his wife. The prosecution relied on two dying declarations and oral dying declaration made before a witness to establish the guilt of the appellant. The appellant contended that the dying declarations were not reliable and the incident took place in a heat of passion, thus requesting for scaling down of the offence.
Finding of the Court:
The court held that the dying declarations were admissible and reliable as they were recorded by a magistrate and a police officer after taking necessary precautions. The court also found that the incident did not take place in a heat of passion as the appellant had abused and beaten the deceased before setting her on fire. The court further held that the death of the deceased due to complications of burns did not alter the nature of the offence as per Explanation II to Section 299 IPC.
Issues: 1. Whether the dying declarations were admissible and reliable? 2. Whether the incident took place in a heat of passion? 3. Whether the death of the deceased due to complications of burns altered the nature of the offence?
Ratio Decidendi: 1. The court relied on the guidelines laid down in Atbir v. Government of NCT of Delhi to determine the admissibility of the dying declarations. The court found that the dying declarations were recorded in a proper manner and there were no reasons to disbelieve them. 2. The court held that the incident did not take place in a heat of passion as the appellant had abused and beaten the deceased before setting her on fire. The court found that the appellant had acted with the intention of causing death or causing bodily injury likely to cause death. 3. The court held that the death of the deceased due to complications of burns did not alter the nature of the offence as per Explanation II to Section 299 IPC. The court found that there was no evidence to suggest that the deceased did not receive proper treatment.
Final Decision: The court dismissed the appeal and confirmed the conviction and sentence recorded against the appellant.
JUDGMENT :
C.PRAVEEN KUMAR, J.
1. Heard Sri. G. Vijaya Saradhi, learned Counsel appearing for the Appellant/Accused and Sri. S. Dushyanth Reddy, learned Additional Public Prosecutor, appearing for the State.
2. The Sole Accused in Sessions Case No. 103 of 2013 on the file of the I Additional Sessions Judge, Ongole, is the Appellant herein. He was tried for the offences punishable under Sections 302, 324 and 498A of Indian Penal Code [‘I.P.C.’] for causing the death of his wife Usthela Kondamma [‘Deceased’]. By its Judgment, dated 19.01.2015, the learned Sessions Judge, while acquitting the Accused of the offences punishable under Sections 324 and 498-A I.P.C., convicted him for the offence punishable under Section 302 of I.P.C. and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.100/- in default to undergo simple imprisonment for one month. Assailing the said conviction and sentence imposed, the present Appeal is preferred.
3. The facts, in issue, are as under :
ii) The marriage between the Accused and deceased took place about nine months prior to the incident. It is said that, the Accused was suspecting the fidelity of the deceased and, as such, he used to harass her. The same was informed by the deceased to her parents, who convinced her to live with him, by adjusting herself.
iii) On 08.09.2012 at about 9.00 P.M., PW1 received information about the deceased being admitted in Area Hospital, Kanigiri, with burn injuries caused by her husband [Accused]. PW1 and others went to the Hospital and saw her. On enquiry, the injured informed that, when they returned after closing the bunk, the Accused went out asking her to prepare food. In the meanwhile, there was power cut and, as such, the deceased went to the house of one Raja Rao, who is her uncle and some food was given to her by his daughter. After the power was restored, the Accused came to the house of Raja Rao and asked the deceased to come with him. While returning to their house, the deceased is said to have questioned the Accused as to whether he has completed his affairs. To which, the Accused got angry and after reaching home, questioned her and abused her, apart from beating her with stick. While the deceased was weeping, the Accused is said to have poured kerosene and set her on fire. On 09.09.2012 at about 12.15 A.M. the injured was admitted in Area Hospital, Kanigiri.
iv) PW9 - the Civil Assistant Surgeon, Area Hospital, Kanigiri, provided medical treatment to the injured. He also issued intimation to the Magistrate for the recording dying declaration of the injured. Ex.P4 is the Medical Intimation. He also sent an intimation vide Ex.P5 to PW12 intimating admission of the injured with burn injuries in Hospital.
v) On receipt of information from the Area Hospital, Kanigiri, PW12 - the Sub-Inspector of Police, proceeded to Hospital and recorded the statement of injured. Ex.P7 is the statement of the injured recorded by him. Basing on Ex.P7, he registered a case in Crime No. 28 of 2012 for the offences punishable under Sections 498A and 307 I.P.C. Ex.P8 is the original First Information Report submitted to the Court. After registering the case, PW12 left the Police Station and reached Area Hospital, where he recorded the statement of PW1 and others.
vi) It is also to be noted that, PW10 who was working as Junior Civil Judge, Piduguralla, on receipt of information about the admission of the injured in the Hospital, proceeded to said Hospital and recorded the statement of the injured. Before recording the statement, he took all the precautions including the endorsement of the Doctor. Ex.P6 is the statement of the injured recorded by PW10.
vii) PW12 - the Sub-Inspector of Police, continued with the investigation, proceeded to the scene of offence on the next day and prepared observation report of the scene, which is placed on record as Ex.P1. He also seized M.Os. 1
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.
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.
Where there are more than one statement in the nature of dying declaration, one first in point of time must be preferred. Of course, if the plurality of dying declaration could be held to be trustwor....
Dying declarations, if consistent and credible, can support a conviction without corroboration, as established by the court.
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 declaration - Corroboration from the oral dying declarations made by the deceased, coupled with the evidence of Doctor.
Dying declarations can be the basis for conviction if they are found to be truthful and voluntary; however, they must be carefully scrutinized, especially in the absence of corroborative evidence.
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....
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