Dying declarations can serve as the sole basis for conviction if they are credible and trustworthy, even without corroboration.

JUDGMENT :

(B.V.L.N. Chakravarthi, J.)

1. Heard Sri K.Raja Reddy, learned counsel and Sri V.Raghu, learned Legal Aid Counsel for the appellant/accused, and Sri S.Dushyanth Reddy, learned Addl. Public Prosecutor for respondent/State.

2. The appeal vide CRL.A.No.724/2016 is filed for the sole accused/appellant by Sri V.Raghu, learned Legal Aid Counsel. The appeal vide CRL.A.No.1159/2016 is filed for the sole accused/appellant by Sri K.Raja Reddy, learned counsel engaged by the sole accused/appellant. Both the appeals arose from the judgment dated 11.07.2016 delivered in S.C.99/2014 on the file of the learned VI Addl.District & Sessions Judge, Prakasam at Markapur (hereinafter referred to as ‘trial Court’).

3. Both the appeals are merged and disposed of by a single judgment.

4. The appellant/accused was tried and convicted for the offence U/s.302 of Indian Penal Code, 1860 (for brevity ‘I.P.C.’), and sentenced to suffer rigorous imprisonment for life, and also to pay fine of Rs.500/- (Rupees Five Hundred only), in default, to suffer simple imprisonment for one month.

5. The case of the prosecution is that the marriage of accused and Smt.Jakkam Mariyamma (hereinafter referred to as ‘deceased’) was solemnised six years ago in a church in K.Padu village; they came down to Ambavaram village and residing in the house of Sri V.Kasayya, which is located beside the house of parents of deceased; they blessed with a girl child namely Suguna Rani; the accused habituated to consume alcohol; he was beating and harassing the deceased physically and mentally suspecting her fidelity; he decided to kill the deceased two days prior to the incident in the case; on 28.05.2012 at about 03.30 p.m., the deceased went to answer calls of nature; she returned to home at about 04.00 p.m.; the accused suspected her that she went outside to have sex with others; he became furious and on her arrival, he suddenly poured kerosene on her body, set fire and went away; the deceased raised cries; the neighbours shifted her to the Community Health Centre, Giddalur; on receipt of hospital intimation, Head Constable, Giddalur Police Station visited the hospital and recorded statement of deceased (Ex.P-18); he registered the same as case in Cr.No.126/2012 for the offence U/s.307 I.P.C.; he submitted the original FIR (Ex.P-19) to the Judicial Magistrate of First Class, Giddalur and copies to all the concerned; on receipt of intimation from hospital, Prl.Junior Civil Judge, Giddalur (P.W-15) visited the hospital and recorded the dying declaration of deceased (Ex.P-26).

(a) During investigation, Head Constable visited hospital examined and recorded the statement of deceased; he also examined and recorded statements of Y.Aseervadamma (P.W-1) mother of deceased, Y.Devabhaktudu (P.W-2) father of deceased, Y.Devadanam (P.W-3), Y.Prabhakar (P.W-4) brothers of deceased, K.Krupamma (P.W-5) sister of deceased, D.Mariyamma (P.W-6) maternal aunt of deceased.

(b) On 29.05.2012 at about 08.30 a.m. Head Constable (P.W-13) accompanied by mediators J.Vijaya Rao (P.W-8) and other visited the scene of offence, got prepared scene observation report (Ex.P-20), seized material objects (M.Os-1 to 5) and got the scene of offence photographed (Ex.P-15) by P.Mohan (P.W-11) and prepared rough sketch of scene of offence (Ex.P-21); he also examined and recorded statements of Y.Devabhaktudu, father of deceased (P.W-2); Y.Devadanam (P.W-3), brother of deceased, D.Mariyamma, Maternal Aunt (P.W-6) and A.Ravikumar, relative of the deceased (P.W-7) and others; the deceased was shifted to the Government Hospital, Nandyal, for better management of the case; later she was referred to Government General Hospital, Kurnool; she was brought to Community Health Centre, Giddalur, on 06.06.2012; the deceased died on 09.06.2012 at about 03.45 a.m. while undergoing treatment.

(c) On receipt of death intimation, Head Constable (P.W-13) altered the section of law and filed a memo to that effect before the Judicial Magistrate o