The court affirmed that corroborated dying declarations are reliable for establishing guilt in homicide cases, especially when the accused fails to provide a plausible explanation under Section 106 of the Evidence Act.

JUDGMENT :

K.Suresh Reddy, J.

Sole accused in Sessions Case No.141 of 2017 on the file of the Court of the learned XIII Additional District & Sessions Judge, Narasaraopet, is the appellant. He was tried and convicted by the learned XIII Additional District & Sessions Judge, Narasaraopet, under Section 302 IPC and sentenced to suffer imprisonment for “Life” and also to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for three (03) months.

2. Substance of the charge is that on 02.09.2016, at about 1:00 p.m., the accused, suspecting the fidelity of his wife, by name Shaik Bajibee @ Pathan Baji (hereinafter referred to as 'the deceased'), picked up a quarrel with her and, in the course of the said quarrel, poured kerosene over her and set fire to her, as a result she sustained fatal burn injuries and died, thereby committed the offence punishable under Section 302 of the Indian Penal Code.

3. Case of the prosecution, as emanated from the evidence of prosecution witnesses, briefly, is as follows :

i) The accused and the material prosecution witnesses are residents of Narasaraopet Town. The deceased was none other than the wife of the accused. P.W.1 and P.W.5 are the brothers of the deceased. P.Ws.2 to 4 are neighbours of both the accused and the deceased. The accused was eking out his livelihood by carrying on business in tender coconuts. Marriage between the accused and the deceased was solemnised about five (05) years prior to the date of the incident, and thereafter they were residing together at Narasaraopet. The accused was addicted to consumption of alcohol and, under the influence of such addiction, used to harass the deceased by suspecting her fidelity. He would frequently return home in a drunken state and pick up quarrels with her.

ii) While so, on 02.09.2016 at about 1:00 p.m., the accused came to the house in a drunken state and picked up a quarrel with his wife. During the course of the said quarrel, he is stated to have beaten her, poured kerosene over her, and set her on fire, and thereafter fled away from the house leaving her in flames. On hearing the cries of the deceased, P.Ws.2 to 4 rushed to the spot, and P.W.3 extinguished the flames. Immediately thereafter, P.W.3 and others shifted the deceased to the Government Area Hospital, Narasaraopet, for treatment.

iii) On receipt of Ex.P6- Hospital intimation, P.W.7-the then Assistant Sub-Inspector of Police, Narasaraopet proceeded to the hospital at about 2:00 p.m. and recorded Ex.P7-Dying Declaration of the deceased. On the same day, at about 2:45 p.m., on receipt of the hospital intimation, P.W.8- the then II Additional Judicial Magistrate of First Class, Narasaraopet, also went to the hospital and recorded Ex.P9-Dying Declaration of the deceased.

iv) Having received Exs.P6 and P7, PW.11-the then Inspector of Police, Narasaraopet Police Station registered a case in Crime No.84 of 2016 under Sections 307 and 498-A IPC . He issued copies of FIR to all the concerned. FIR is marked as Ex.P12. Immediately, he proceeded to the Government Area Hospital, Narasaraopet and recorded statement of the deceased under Section 161 Cr.P.C.. He also recorded statement of P.W.2 and others. He secured the presence of P.W.9 and others and proceeded to the scene of offence. He prepared an observation report-Ex.P10, at the scene of offence. He also seized Mos.1 to 3, at the scene of offence. He prepared a rough sketch-Ex.P14, at the scene of offence. He also recorded statements of P.W.2 to P