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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE K SURESH REDDY, SRI JUSTICE T.C.D.SEKHAR, JJ
Vemagiri Bujji Babu @ Bojjiyya, E.g.dt. – Appellant
Versus
State Of Andhra Pradesh Rep PP – Respondent
JUDGMENT :
T.C.D. Sekhar, J.
The appellant herein is the sole accused in SC.No.132/2014 on the file of III Additional District and Sessions Judge, East Godavari District at Kakinada (for short learned Additional Sessions Judge). He was tried by the learned Additional Sessions Judge under two charges, the first charge was under Section 498-A IPC and the second charge was under Section 302 IPC .
2. Substance of the charges is that, prior to 20.04.2013, the appellant who is the husband of Vemagiri Kumari (herein-after referred to as the deceased), subjected her to cruelty both physically and mentally and on 20.04.2013 at about 3 pm, the appellant poured kerosene on her and lit with a match stick causing her death, thereby committed offences punishable under Sections 498-A and 302 IPC .
3. After completion of trial, the learned Additional Sessions Judge convicted the accused for the offence punishable under Section 498-A IPC and sentenced to suffer rigorous imprisonment for one (01) year and also to pay fine of Rs.500/-, in default to suffer simple imprisonment for a period of two (02) months. The trial Court also convicted the accused under Section 302 IPC and sentenced him to suffer impr
The court established that insufficient evidence of intent to kill led to a conviction for culpable homicide not amounting to murder under Section 304 part II IPC instead of murder under Section 302 ....
The court established that actions leading to death can be classified as culpable homicide not amounting to murder based on the circumstances and intent.
Point of law: Statement given by the deceased in her dying declaration reveals that the appellant was in a fully drunken stage on the night when the incident took place.
Insufficient evidence of cruelty under IPC Section 498-A to sustain conviction, leading to acquittal of the accused.
The court determined that the accused's actions constituted culpable homicide not amounting to murder, based on the nature of injuries and intent, leading to a conviction under Section 304 Part-II IP....
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in dying declarations led to acquittal for murder while confirming conviction for cruelty.
Dowry death – Conviction upheld - Prosecution succeeded in establishing the guilt of the appellant/accused beyond reasonable doubt and the trial court rightly convicted the appellant.
Cruelty and murder of wife – Daughter would not falsely depose against her father.
The court upheld the conviction for murder under Section 302 IPC, affirming that the evidence established the appellant's guilt beyond a reasonable doubt despite claims of accidental death.
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