The court upheld the conviction for murder based on credible dying declarations, emphasizing that minor inconsistencies do not undermine their reliability.

JUDGMENT :

V. Sujatha, J.

Accused No.1 in S.C.No.151 of 2015 on the file of Court of learned I Additional Sessions Judge, Kurnool, is the appellant. He along with A2 were tried by the learned Additional Sessions Judge under two charges.

The first charge was under Section 302 IPC against A1.

The second charge was under Section 323 IPC against A2 for causing injuries to P.W.2.

2. Substance of the charge is that on 16.01.2014 at about 09.30 p.m., the appellant poured diesel on Mangali Nallagatla Ram Pullaiah (hereinafter referred to as the deceased) and set fire to him causing his death and in the same process, A2 beat P.W.2 with hands and legs, thereby committed offences punishable under Sections 302 and 323 IPC .

(a) After completion of trial, the learned Additional Sessions Judge convicted A1 under Section 302 IPC and sentenced him to suffer imprisonment for Life and also to pay a fine of Rs.2,000/-, in default to suffer simple imprisonment for a period of 3 months. The learned Additional Sessions Judge acquitted A2 under Section 323 IPC .

3. Case of the prosecution, briefly is as follows:

(i) Both the accused are residents of Bethamcherla town. The material prosecution witnesses also are the residents of Bethamcherla town. The deceased was also resident of the same town. A1 and the deceased used to reside in the same lane. There were ill-feelings in between the families of accused and the deceased and they are not in talking terms. P.W.1 is mother of the deceased. P.W.2 is the daughter of P.W.1. The accused and the deceased used to eke out their livelihood by doing coolie work. On 16.01.2014 at about 08.15 p.m., A1 went to the medical shop of P.W.5 to purchase tablets, there A1 and deceased quarreled with each other and were intervened by P.W.5 who separated and pacified them. On the same day night at about 09.30 p.m., the deceased went to the house of A1, questioned him for taking up quarrel with him at the medical shop and then A2, who is the mother of A1, along with the Juvenile in-conflict-with-law, beat the deceased with hands and legs. A1, with an intention to get rid of the deceased, went inside his house, brought diesel in a bottle, poured on the body of the deceased and lit fire; due to which the deceased received severe burn injuries over his body and raised hue and cries. On hearing the same, P.Ws. 3 and 4, whose houses are located near by the scene of offence rushed to the spot and extinguished the flames with the help of blankets. P.W. 1- mother of the deceased, upon hearing the cries of the deceased rushed to the scene, enquired the deceased about the incident and was informed about the incident. Immediately the injured was shifted to Government hospital, Kurnool for treatment. On 16.01.2014, in the mid-night P.W.12 - S.I. of Police, Bethamcherla Police Station has received an intimation from GGH, Kurnool. Ex.P.7 is the said medical intimation. On the morning of 17.01.2014, at about 09.30 a.m., P.W.12- S.I. of Police went to GGH, Kurnool, and recorded statement of the deceased which is marked as Ex.P.8 which was endorsed by the duty doctor vide Ex.P.9. On the same day, at about 12.20 a.m., P.W.15 –Special JMFC, Kurnool, having received intimation (Ex.P.8) from the hospital went and recorded the statement from the injured which is marked as Ex.P.19. Later, P.W.12 went back to Bethamcherla Police Station and basing on Ex.P.8, he registered a case in Cr.No.12 of 2014 under Section 307 read with 34 of IPC and submitted copy of FIRs to all the concerned. Ex.P.10 is the original FIR. On the same day, he went to the scene of offence, which is a small street running in front of the houses of the accused, seized green colour plastic bottle (M.O.1) and half burnt black shirt with white stripes (M.O.2) in the presence of P.Ws.7 and 8 – Mediators under the cover of panchanama vide Ex.P.11. Ex.P.12 is the rough sketch of the scene of offence. On 19.01.2014, P.W.12- S.I. of Police received death intimation of the deceased from the ho