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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. SURESH REDDY, T.C.D.SEKHAR, JJ.
Vemagiri Bujji Babu @ Bojjiyya, E.g.dt. - Appellant
Vs.
The State Of Andhra Pradesh Rep PP - Respondent
CRIMINAL APPEAL NO: 1006/2016
Decided On : 13-02-2025
(A) Indian Penal Code, 1860 - Sections 302 and 498-A - Conviction for murder and cruelty - Accused convicted under Section 498-A IPC and sentenced to one year imprisonment; convicted under Section 302 IPC and sentenced to life imprisonment - Court found insufficient evidence to prove intention to kill, leading to conviction under Section 304 part II IPC instead - Dying declaration and witness testimonies were critical in establishing cruelty but not murder. (Paras 3, 14, 15, 17)
(B) Dying Declaration - The court emphasized the importance of the dying declaration as a key piece of evidence in establishing the accused's behavior towards the deceased. (Paras 15, 16)
Facts of the case:
The appellant, husband of the deceased, subjected her to cruelty and ultimately set her ablaze, leading to her death 27 days later. The prosecution's case relied on witness testimonies and a dying declaration. (Paras 2, 4, 12)
Findings of Court:
The court found that the prosecution failed to prove the intention to kill, leading to a conviction for culpable homicide not amounting to murder instead of murder. (Paras 14, 17)
Issues: The main issues included whether the accused had the intention to kill and the nature of the charges under IPC. (Paras 14, 15)
Ratio Decidendi: The court ruled that the evidence did not support a murder conviction, as the act was committed in a moment of passion without premeditation, thus falling under culpable homicide not amounting to murder. (Paras 14, 17)
Result: The appeal is partly allowed; conviction under Section 302 IPC set aside, and conviction under Section 304 part II IPC confirmed with a sentence of seven years. (Paras 17, 18)
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 imprisonment for life and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for two (02) months.
4. Case of the prosecution as culled out from the prosecution witnesses, is as follows.
The accused is a resident of Peravaram Village, Yeleswaram Mandal, East Godavari District. The material prosecution witnesses are residents of Kothapeta, Jagapathinagaram Village. The deceased is the eldest daughter among three daughters of her parents. The father of the deceased discarded her mother Thokala Parvathi (PW11) long ago and since then she is residing with her mother. The mother of the deceased performed her marriage with the accused about six years prior to the date of incident and the marriage was consummated and they were leading conjugal life. The appellant/accused looked after her well for some time and they were blessed with two children whose names are Sandeep and Pavani. Later, the accused addicted to consume liquor and started harassing the deceased both mentally and physically subjecting her to cruelty and asking her to go to coolie work and earn money and to bring sare articles from her mother’s house. Unable to bear the harassment in the hands of the accused, the deceased left the matrimonial home and went to her mother’s house at Jagapathinagaram Village along with her two children.
Subsequently, at the instance of the mother of the deceased, mediation took place and the elders advised the accused not to harass the deceased and to look after her and children in a proper way. By saying so, the deceased was sent to the house of the accused. Despite the same, there was no change in the attitude of the accused in as much as he started harassing and ill treating the deceased. In those circumstances, at about one year ago, the deceased along with her children went to her mother’s house at Jagapathinagaram Village and staying there since then. The accused used to visit the house of the deceased at Jagapathinagaram Village with a demand to come and join him at Peravaram Village, for which the deceased refused and continued to stay at her mother’s house.
While the matter stood thus, on 20.04.2013, when the mother of the deceased went to the house of her younger daughter at Rajavommangi Village along with the son of the deceased, the accused came to Jagapathinagaram Village and demanded the deceased to come with him for leading conjugal life, for which the deceased refused. Thereupon, the accused grew wild and an altercation took place between the accused and the deceased. The accused used filthy language against the deceased and abused her mother, stating that the deceased has got illicit intimacy with others and he had intended to kill her earlier at Khammam but left her. By saying so, the accused took the deceased into the thatched house of
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.
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