IMPORTANT POINT
The court established that inconsistencies in witness testimonies and dying declarations can lead to reasonable doubt, necessitating the acquittal of the accused.

JUDGMENT :

(Per Hon’ble Sri Justice K.Suresh Reddy)

All the four appellants/Accused in Sessions Case No.306 of 2015 on the file of the Court of Additional Sessions Judge, Hindupur, Ananthapur District, have filed the present Criminal Appeal. They were tried and convicted by the learned Additional Sessions Judge under Section 302 read with 34 IPC and they were sentenced to suffer Rigorous Imprisonment for “LIFE” each and also to pay a fine of Rs.1,000/- each in default to suffer Simple Imprisonment for a period of six (06) months. The total fine amount of Rs.4,000/- was directed to be paid to Pw-1 after the Appeal time is over.

2. Substance of the charge is that on 04.02.2024 at about 12.00 Noon, Accused Nos.1 to 4 with a common intention picked up a quarrel with one Smt. Harijana Lakshmakka (hereinafter referred to as “the deceased”) caught hold of her tuft, dragged her and beat her with hands and legs and in the same process Accused No.2 poured kerosene on her and Accused No.1 set her to fire with a match stick causing her death, thereby committed offence punishable under Section 302 read with 34 IPC.

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

All the four accused and the material prosecution witnesses are residents of SC colony, Kallumarri Village, Madakasira Mandal, Ananthapur District. The deceased was also resident of same Village and she is a neighbour to the accused. The marriage of the deceased was performed with one Nagaraju of Muddireddipalli Village of Parigi Mandal about ten (10) years prior to the incident. Due to some disputes, the husband of the deceased discarded her about two (02) years prior to the incident. Since then, she has been residing in the house of her elder sister-Pw-1. There is a public drain infront of the house of Pw-1 and the accused. As the dirty water was coming infront of her house, the deceased used to lay soil across the drain to prevent free flow of drainage water infront of her house. In that connection, Accused Nos.1 to 4 indulged in quarrelling with the deceased for obstructing the drainage water. On 03.02.2014 at about 7.00 A.M, when the deceased laid soil across the drain, Accused Nos.1 to 4 picked up a quarrel with her, abused her and beat her with hands and legs. On the next day i.e., 04.02.2014 at about 12.00 Noon also, the deceased laid soil across the drain. Then, Accused Nos.1 to 4 came there and picked up quarrel with her and caught hold of her tuft, dragged her and beat her with hands and legs. Accused Nos.2 and 4 raised cries stating “Kill the deceased”. Then, Accused No.2 picked up kerosene can and poured kerosene on the deceased and Accused No.1 set fire to her with a match stick. The deceased raised hue and cries. Then Pws-1 to 3 came to the scene of offence and put off the flames. Thereafter, Pw-1 telephoned to 108 Ambulance, in which the deceased was shifted to Government Hospital, Hindupur where she was admitted. On the same day, at about 1.00 P.M, Pw-13- Head Constable, I Town Police Station, Hindupur received intimation Ex.P-14 from the hospital. Immediately, he went to the hospital and recorded statement from injured under Ex.P-15. He sent both Exs.P-14 and 15 to Madakasira Police Station on the point of jurisdiction.

4. Pw-14-Sub-Inspector of Police, Madakasira Police Station received Exs.P-14 and 15 at about 9.00 P.M and registered a case in Cr.No.18 of 2014 under Section 307 read with 34 IPC and issued copies of FIRs to all the concerned. Copy of FIR was marked as Ex.P-18. Having received intimation from the Government Hospital, Pw-6-Judicial Magistrate of First Class, Hindupur went to the hospital and recorded statement from the injured, which was marked as Ex.P-4. At about 10.00 P.M, Pw-14 visited the Government Hospital and recorded statement from the injured and also recorded statements of Pws-1 to 3. On 05.02.2014, he went to the scene of offence and recorded statement of Pw-4. He also prepared observation report- Ex.P-