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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.V. RAVINDRA BABU, J.
Ramakrishnaiah @ Ramakrishna, S/o. Late Chenrayappa - Petitioner
Versus
The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P. - Respondent
Criminal Appeal No. 381 of 2009
Decided On : 20-12-2023
Criminal Appeal - Offence under Section 304 Part-II of the IPC - Sections 498-A and 302 IPC - The judgment discusses the evidence and the charge under Section 304 Part-II of the IPC, the absence of evidence for the charge under Section 498-A of the IPC, and the sustainability of the judgment under law. The court analyzed the dying declaration, witness testimonies, and the defense's contentions to conclude that the accused was guilty of the offence under Section 304 Part-II of the IPC.
Fact of the Case:
The case involved the death of the deceased due to burn injuries sustained after the accused threw a kerosene lamp on her. The prosecution presented witness testimonies and dying declarations to establish the guilt of the accused. The defense contended that the injuries were accidental and raised issues regarding the delay in reporting the incident.
Finding of the Court:
The court found the accused guilty of the offence under Section 304 Part-II of the IPC based on the evidence presented, including the dying declaration and witness testimonies. The court dismissed the appeal and confirmed the conviction and sentence imposed by the lower court.
Issues: The issues included establishing the guilt of the accused for causing the death of the deceased through burn injuries, the sustainability of the judgment under law, and the grounds for interference with the lower court's decision.
Ratio Decidendi: The court relied on the dying declaration, witness testimonies, and the absence of evidence for the charge under Section 498-A of the IPC to conclude the guilt of the accused under Section 304 Part-II of the IPC. The court also addressed the defense's contentions regarding the delay in reporting the incident and found them to be without merit.
Final Decision: The criminal appeal was dismissed, confirming the conviction and sentence imposed against the appellant in the judgment dated 05.01.2009 in S.C.No.185 of 2008 on the file of the District and Session Judge, Chittoor.
JUDGMENT :
This Criminal appeal is directed against the judgment, dated 05.01.2009 in S.C.No.185 of 2008 on the file of the Court of District and Session Judge, Chittoor (for short, "the learned Sessions Judge"), where under the learned Sessions Judge found the appellant-accused guilty of the offence under Section 304 Part-II of the Indian Penal Code, 1860 (for short, "the IPC") as against the original charge under Section 302 of the IPC, convicted him under Section 235(2) of the Code of Criminal Procedure, 1973 (for short, "the Cr.P.C.") and after questioning about the quantum of sentence sentenced him to suffer Rigorous Imprisonment for ten (10) years and to pay a fine of Rs.500/- in default to suffer Simple Imprisonment for three (3) months and that remand period shall be set of against the sentence under Section 428 of Cr.P.C.
2. The parties to this Criminal Appeal will hereinafter be referred to as described before the learned Sessions Judge, for the sake of convenience.
3. (i) The S.C.No.185 of 2008 arose out of committal order in P.R.C.No.19 of 2008 on the file of Judicial Magistrate of I Class at Kuppam, pertaining to Crime No. 69 of 2007 of S.H.O., Rallabudugu for the offence under Sections 498-A and 302 IPC.
(ii) The case of the prosecution as evident from the record is that, the deceased Neelamma, aged 24 years was a resident of Karlagatta Village and she was married to the accused about 10 years ago and they were blessed with two daughters and a son. The accused was addicted to liquor and used to harass the deceased by suspecting her fidelity and on 27.11.2007 morning the deceased Neelamma along with the accused went to their fields to collect ragi corns and at 08.00 AM, the accused went away from the fields leaving the deceased and after attending the work, the deceased has returned home at 06.00 PM. And after some time the accused came home in a drunken state and abused the deceased in filthy language and beat her with hands and later she slept by illuminating a kerosene lamp and at about 10.00 PM, the accused threw the said burning kerosene lamp on her saying that "Chavave Lanja", as a result of which the kerosene fell on her clothes and caught fire and she herself poured water and put off the flames and came out of the house by raising cries and on hearing her cries PW.1, Ramachandrappa and PW.2 rushed to her house and put off the flames and on seeing them the accused ran away from there. PWs. 1, 2 and Ramachandrappa shifted the deceased to the Government Hospital, Kuppam and she succumbed to those injuries on 08.12.2007, while undergoing treatment. On recording the statement of the deceased Neelamma, PW.10 has registered a case in Crime No.69 of 2007 for the offences under Sections 498-A and 307 IPC and investigated into. Subsequent to the death of the deceased Neelamma on 08.12.2007 at 06.00 PM, PW.12 has altered the section of law from Sections 498-A and 307 of the IPC to 498-A and 302 IPC and sent the copies of first information report to all the concerned. During the course of investigation, PW.10 has examined the scene of offence on 28.11.2007 at 04.00 PM, in the presence of PW.7 and Ramappa and seized the kerosene lamp, which was made with a tin, burnt saree, petticoat and blouse under a cover of mahazar and he also prepared a rough sketch of the scene of offence. On 28.11.2007, PW.8 has recorded the dying declaration of the deceased Neelamma at Area Hospital, Kuppam. On 09.12.2007 from 08.30 AM to 11.30 AM, PW.11 has held inquest over the dead body of the deceased in the presence of PWs.1, 2 and 5, Ramachandrappa and Venkatachalam and later sent the dead body to the Area Hospital, Kuppam for conducting autopsy. PW.9 has conducted autopsy over the dead body of the deceased and issued postmortem certificate, opining that the deceased would appear to have died of septicemia and cardiac arrest due to 60% of burn injuries on 16.03.2008 at 07.00 PM, near MP Elementary School, Karlagatta Village, PW.12 has arreste
AI
The main legal point established in the judgment is the reliance on dying declarations and witness testimonies to establish the guilt of the accused under Section 304 Part-II of the IPC.
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.
Consistent dying declarations by the victim and corroborative witness testimonies are sufficient for conviction under IPC Sections 498A and 302, despite minor discrepancies.
Insufficient evidence of cruelty under IPC Section 498-A to sustain conviction, leading to acquittal of the accused.
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....
A dying declaration recorded by a competent authority holds significant weight in establishing the circumstances of a crime, while the absence of evidence supporting the specific elements of cruelty ....
The court ruled that inconsistencies in dying declarations and inadequate evidence undermine a murder conviction, emphasizing the need for reliable corroboration.
The presumption of innocence is reinforced by an acquittal, and the prosecution must provide compelling evidence to prove guilt beyond reasonable doubt, especially in cases involving conflicting dyin....
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