A dying declaration can be the sole basis for conviction if found truthful and voluntary, irrespective of it being recorded by a police officer, as held under Section 302 IPC.

JUDGMENT :

B.V.L.N. CHAKRAVARTHI, J.

1. The bail applications filed for the appellants/accused No.1 and 2 are posted to today. The learned counsel for accused No.1 and 2 and learned Public Prosecutor submitted that paper booklet is ready, and ready to submit arguments in the appeals, instead of bail petitions. Therefore, we heard the arguments in the appeal instead bail applications.

2. Heard Sri Dr. Challa Srinivasa Reddy, learned counsel for the appellants/accused No.1 and 2, and Sri Y. Nagi Reddy, learned Public Prosecutor for respondent/State.

3. The appeal vide CRL.A.No.297/2016 is filed for A-1. The appeal vide CRL.A.No.1023/2016 is filed for A-2. Both the appeals arose from the judgment dated 26.10.2015 passed in S.C.No.407/2014 on the file of the learned XIII Addl. District & Sessions Judge, Narasaraopet (hereinafter referred to as ‘trial Court’).

4. The accused No.1 and 2 were tried and convicted by the trial Court for the offence U/s.302 of INDIAN PENAL CODE , 1860 (for brevity ‘I.P.C.’), and sentenced to suffer imprisonment for life, and also to pay fine of Rs.500/- (Rupees Five Hundred only) each, in default, to suffer simple imprisonment for one month each.

5. The case of the prosecution is that the A-2 is father of Martha Chandana (hereinafter referred to as ‘deceased’). He married Smt.Venkayamma. The deceased born to A-2 and Venkayamma during their wedlock. Later, A-2 deserted Venkayamma and married A-1. They were blessed with two children. The paternal aunt of deceased gifted a portion in a terraced house to the deceased on 02.06.2009. Sri Martha Chandra Mouli, paternal uncle of deceased gifted Ac.0-50 cents of land to her on 17.08.2009. The deceased stayed with her paternal aunt. After death of paternal aunt, the deceased came to the house of her father. A-1 used to ask A-2 to send away the deceased with an intention to grab the property gifted to the deceasedA-1 and A-2 were harassing the deceased. On 11.01.2014 accused No.1 and 2 picked up quarrel with the deceased. They poured kerosene on the deceased, A-1 set fire. The elder brothers of A-2 (P.W-1 & P.W-2), relatives of accused (P.Ws-3 to 5) and other villagers (P.Ws-6 to 9) who are residing nearby, on hearing cries of the deceased, rushed to the house of deceased. They knocked the door of the house. The accused opened the door. They found the deceased in flames, put off the flames, and shifted her to the Government Hospital, Vinukonda.

(i) On receipt of intimation sent by the duty doctor (P.W-14), Head Constable, Ipur police station (P.W-13) went to the hospital. He recorded the statement of deceased (Ex.P-15) in the presence of P.W-14. Sub Inspector of Police (P.W-16) registered the FIR as case in Cr.No.02/2014 of Ipur Police Station for the offence U/s.302 r/w.34 I.P.C. basing on the statement of the deceased, and submitted copies to all concerned.

(ii) P.W-16 proceeded to the Government Hospital, Vinukonda, examined the deceased and recorded her statement (Ex.P-19). He also examined P.Ws-1 to 4, on the same day and recorded their statements. He visited the house of accused i.e., scene of offence, observed the same and prepa