The court established that acts committed in the heat of passion without premeditation constitute culpable homicide not amounting to murder under Section 304 IPC, emphasizing reliance on credible dying declarations despite claims of contradictions.

JUDGMENT:

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

1. Heard Sri G.Vijaya Saradhi, learned counsel for the appellant/accused No.1 and Sri S.Dushyanth Reddy, learned Addl.Public Prosecutor for respondent/State.

2. The appeal is filed by the appellant/accused No.1 aggrieved by the judgment dated 01.02.2016 passed in S.C.196/2010 on the file of the learned IV Addl.District & Sessions Judge, Nellore, SPSR Nellore District.

3. The facts as culled out from the evidence of prosecution witnesses are as under:

(i) The appellant/accused No.1 and Smt.Sk.Shakira (hereinafter referred to as ‘deceased’) are husband and wife; their marriage was solemnized on 17.05.1998; out of their wedlock, they blessed with one son and one daughter; the appellant/A-1 went to Saudi Arabia; he returned to India two years prior to the date of offence; Smt.Sk.Julekabee (A-2) is the mother of A-1; Smt.SyedBibijan (A-3) is the sister of A-2; A-2 and A-3 instigated A-1 to demand Rs.1,00,000/- from the deceased; the accused No.1 to 3 were harassing the deceased, demanding additional dowry.

(ii) On the intervening night of 5/6.05.2009 at about 01.00 a.m. A-1 came to the house in intoxicated condition; A-1 beat the deceased suspecting her fidelity; the deceased questioned A-1 about his conduct; A-1 grew wild, beat the deceased indiscriminately, dragged her to the corner of the kitchen, poured kerosene and set her on fire in the presence of children; the deceased raised cries; A-1 immediately tried to put off the flames, pushed her into a water tub; on hearing cries of the deceased, ShaikGhouse Basha (P.W-6) and others came to the house of accused; they found the deceased with burn injuries; the deceased was shifted to Praja Vydyasala (hospital) belonging to Dr.N.Prabhakar Naidu (P.W-10); later shifted to Charitha Sree Hospital, Vijayawada on 07.05.2009; on intimation from hospital, Sri P.D.S.Prasad, Head Constable of Police of Suryaraopet Police Station, Vijayawada, (P.W-8) visited the hospital and recorded statement of deceased (Ex.P-4); it was forwarded to Kavali Police Station; III Metropolitan Magistrate, Vijayawada, (P.W-11) on receipt of requisition from the hospital, visited the hospital and recorded dying declaration of deceased (Ex.P-5); Sub Inspector of Police, I Town Police Station, Kavali, (P.W-14) on receipt of Ex.P-4, registered a case in Cr.No.75/2009 for the offence U/s.498-A and 307 of INDIAN PENAL CODE , 1860 (for brevity ‘IPC’) vide Ex.P-9 and submitted copies to all concerned; he visited Charitha Sree Hospital at Vijayawada, examined the deceased and recorded her statement.

(iii) Sub Inspector of Police also examined Shaik Shareef (P.W-2), Shaik Baji (P.W-4) and others and recorded their statements; he obtained copy of dying declaration recorded by the Magistrate; on 08.05.2009 he visited scene of offence i.e., house of accused No.1 and deceased situated in Ishakmiyavari Street, Kavali and prepared scene observation report (Ex.P-10) and rough sketch (Ex.P-11) in the presence of P.W-9 and another mediator; he examined Shaik Ghouse Basha (P.W-6), Md.KouserJohn (P.W-7) and others and recorded their statements; he seized M.O-1 burnt clothes, M.O-2 cloth pieces having skin peeling, M.O-3 broken bangle pieces, M.O-4 water plastic can, M.O-5 partly burnt mixer, M.O-6 burnt plastic hair bonds, M.O-7 partly burnt combed hair and M.O-8 towel at the scene of offence.

(iv) Further investigation was conducted by the Inspector of Police, Kavali (P.W-15); on receipt of information about death of deceased on 23.05.2009, he came to Vijayawada, visited the hospital; he secured witnesses Mohammed Shaheeda (P.W-3), Shaik Ghora Babu (P.W-5) and others and recorded their statements; inquest was conducte