IMPORTANT POINT
Dying declarations, if consistent and credible, can support a conviction without corroboration, as established by the court.

JUDGMENT :

(Per the Hon’ble Sri Justice K.Sreenivasa Reddy)

Sole accused in Sessions Case No.23 of 2016 on the file of the Additional Sessions Judge, Hindupur is the appellant herein.

2. Vide judgment dated 27.07.2016 in the aforesaid Sessions Case, the appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, “IPC”) and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.5,000/- in default to suffer simple imprisonment for a period of two years.

3. The substance of charge as against the accused is that the accused, being husband of one Sunanda (hereinafter referred to, as “the deceased”), having addicted to drinking alcohol and developed illicit intimacy with another lady, on 25.10.2013 at about 8.30 PM came to his house in intoxicated state, picked up quarrel with her, became wild, poured kerosene on her and set her ablaze, and subsequently she died while undergoing treatment and thereby he committed an offence punishable under Section 302 IPC.

4. Case of the prosecution, in brief, is that the accused, the deceased and the material prosecution witnesses are residents of Somandepalli village. P.W.1 is junior paternal uncle of the deceased. P.W.2 is mother of the deceased. P.W.3 is brother of the deceased. P.W.4 is wife of P.W.1. The deceased was living with her husband (the accused) along with her daughter at Somandepalli village. The accused was addicted to alcohol and developed illicit intimacy with a lady in the same village, resulting in domestic quarrels in their family. In connection with the same, elders intervened and chastised the accused, but the accused did not change his attitude. There were quarrels between the deceased and the accused, and inspite of several panchayats, the accused did not change his character. On 25.10.2013 at about 8.30 PM, the accused went to his house under intoxication and picked up a quarrel with the deceased. Suddenly, the accused became wild, poured kerosene on the deceased and set her ablaze. When the deceased raised cries, neighbourers rushed to the house of the deceased, and on seeing them, the accused ran away from the scene of offence. The neighbourers put off the flames, shifted the injured to an R.M.P. Doctor and provided first aid. Later, the deceased was shifted to Government Area Hospital, Hindupur. At about 10.20 PM on that day, on information, P.W.11, who was working as Head Constable in I Town police station, Hindupur, proceeded to Emergency Ward. At that time, Doctor was present there. P.W.11 examined the deceased and recorded Ex.P15- statement of the deceased. After recording the statement, he read over and explained the same to her and she admitted that whatever P.W.1 had written is true and correct. P.W.1 obtained signatures of the deceased and thereafter forwarded a copy of the same to the police station. P.W.20, the then Sub Inspector of Police, Hindupur Rural Police Station, received medical intimation from the District Government Hospital, Hindupur along with statement of the deceased, and based on the same, he registered a case in crime No.102 of 2013 for the offences punishable under Sections 498A and 307 IPC under Ex.P27-FIR. On 26.10.2013 at about 11.15 AM, P.W.20 proceeded to the Hospital, along with P.Ws.12 and 17, and recorded statement of the deceased and the same was videographed. Ex.P28 is the videograph. P.W.17 converted the videograph into C.D. and submitted to P.W.20. Thereafter, P.W.20 examined four witnesses in the hospital, observed the scene of offence under Ex.P30- mahazar and prepared Ex.P31-rough sketch of the scene of offence in the presence of P.W.18. P.W.20 examined the R.M.P. Doctor (P.W.7) and recorded his statement. He also examined P.W.8 and recorded his statement. Thereafter, he gave a requisition to P.W.14-Mandal Executive Magistrate to record statement of the deceased and P.W.14 recorded Ex.P20-statement of the deceased. On his requisition, P.W.13-Junior Civil Judge,