IMPORTANT POINT
Inconsistent dying declarations cannot support a conviction for murder under IPC Section 302.

JUDGMENT :

K.Suresh Reddy, J.

Sole Accused in Sessions Case No. 103 of 2012 on the file of the Court of Sessions Judge, Mahila Court, Vijayawada, is the appellant in the present Criminal Appeal. He was tried by the learned Sessions Judge under Section 302 IPC.

2. Substance of the charge is that on 07.05.2011 at about 02.30 P.M, the Accused committed murder of one Battula @ Islavat Malleswari (hereinafter referred to as “the deceased”) by pouring kerosene on her and setting fire to her, causing her death, thereby committed offence punishable under Section 302 IPC.

3. After completion of trial, the learned Sessions Judge, convicted the appellant/Accused under Section 302 IPC and sentenced him to suffer imprisonment for "LIFE" and also to pay a fine of Rs. 25,000/- , in default to suffer imprisonment for a period of three (03) months.

4. Case of the prosecution, as per the evidence of prosecution witnesses, is as follows:-

The accused is a resident of Vambay colony, Singh Nagar, Vijayawada. The deceased is a resident of New Raja Rajeswari pet, Vijayawada. Pws-1 to 3 are the neighbours of the deceased. Pw-4 is the niece of the deceased. Pw-5 is the father of the deceased. Pw-6 is the brother of the deceased. The marriage of the deceased was performed with one Durga Rao and they were blessed with two children. Due to some ill-feelings between the husband and the deceased, the deceased left her matrimonial home and living separately. Thereafter, the deceased developed extra marital relationship with the accused, who is a married person. The deceased and the accused started living at New Raja Rajeswarpet, Vijayawada. The accused treated her well for some time and thereafter he used to altercate with the deceased by suspecting her fidelity. On 07.05.2011, at about 02.30 P.M, the accused visited the house of the deceased. The deceased arranged meals and while taking lunch, the accused picked up a quarrel with the deceased. Thereafter, the accused poured kerosene on her and set fire to her. On hearing the cries of the deceased, the neighbours i.e., Pws-1 to 3 rushed to the house of the deceased and put off the flames. Thereafter, the deceased was shifted to the Government General Hospital, Vijayawada in 108 ambulance. On 07.05.2011, the hospital authorities sent a requisition to Pw-12 i.e., I Additional Chief Metropolitan Magistrate, Vijayawada-Ex.P-16. After receiving Ex.P-16, Pw-12 went to the Government General Hospital and recorded statement of the deceased, which was marked as Ex.P-17. After receiving the hospital intimation, LW-17-Head Constable, Nunna Police Station, went to the Government General Hospital, Vijayawada and recorded statement of the deceased. The statement of the deceased recorded by Lw-17 was marked as Ex.P-19. Thereafter, Lw-17 returned to the police station. On the basis of Ex.P-19, he registered a case in Cr. No.314 of 2011 under Section 307 IPC and issued copies of FIRs to all the concerned. Ex.P-20 is the copy of FIR. He also examined Pw-5-father of the deceased and recorded his statement. On 08.05.2011, Lw-17 visited the scene of offence and prepared observation report-Ex.P- 13 in the presence of mediators. He also prepared rough sketch- Ex.P-21 at the scene of offence. He seized M.Os-1 to 4 from the scene of offence in the presence of mediators. He also secured the presence of Pws-1 to 2 and Lw-3, who are the neighbours of the deceased and who have witnessed the occurrence, examined them and recorded their statements. Of course, Lw-17 was not examined by the prosecution. The further investigation was taken over by Pw-13-Inspector of Police, Nunna Police Station.

5. On 11.05.2011, Pw-13- Inspector of Police, Nunna Police Station, received death intimation of the deceased from the Government General Hospital, Vijayawada, which was marked as Ex.P-22. On the basis of Ex.P-22, he altered the Section of law from Section 307 to 302 IPC and issued altered copy of FIR to all the concerned. Ex.P-23 is the altered copy of FI