IMPORTANT POINT
Murder – Conviction and sentence cannot be sustained where eye witnesses to occurrence turned hostile and circumstantial witness also did not support prosecution case.

JUDGMENT

A. Venkateshwara Reddy, J.—This Criminal Appeal is directed against the judgment dated 26.11.2013 in Sessions Case (SC) No.239 of 2012 on the file of the learned VI Additional District and Sessions Judge at Siddipet, wherein and whereunder the accused No.1 was found guilty of the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short ‘IPC’), convicted under Section 235 (2) of the Criminal Procedure Code, 1973 (for short ‘Cr.P.C.’) and sentenced to undergo life imprisonment and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for two months for the said offence, whereas the accused No.2 was found not guilty and he was acquitted under Section 235(1) of Cr.P.C. for the said offence.

2. The appellant is the accused No.1 (for short ‘A.1’). The prosecution story in brief is that A.1 is the younger brother of PW.1. The deceased is the father of PW.1 and A.1, whereas accused No.2 (for short ‘A.2’) is the younger brother of deceased and they are native of Jaligama Village, Gajwel Mandal, Medak District. There was a land dispute between the deceased and A.2 and as such, A.2 developed enimity over the deceased and his family, instigated A.1 to kill the deceased by making him to addict liquor. On 24.10.2012 A.1 brought bullocks, but he did not give fodder and water to them, as such on 25.01.2012 the deceased scolded A.1. But he did not listen the words of his father (deceased person), taking advantage of the same, A.2 abetted A.1, made him to consume liquor and instigated to kill the deceased-Ramulu. A.1 returned to the house at about 23:00 hours and again the deceased scolded A.1 for not fetching water and fodder to the bullocks. On that A.1 picked up quarrel with the deceased stating that the deceased has been insulting him by scolding in the public, beat him with hands, pushed him down, thereby the deceased collapsed. Thereafter, A.1 poured kerosene on the deceased which was available in the stove and set fired him. Meanwhile, PW.1 rescued the deceased, shifted him to the Gandhi Hospital at Secunderabad. On the report lodged by PW.1, this case in Crime No.22 of 2012 of P.S. Gajwel, was registered for the offence punishable under Section 307 of IPC.

3. In the course of investigation, the Investigating Officer gave a requisition to the learned Additional Chief Metropolitan Magistrate to record the dying declaration and obtained the dying declaration of the deceased. While the investigation was in progress, the accused were arrested on 27.01.2012 and that on 29.01.2012 received message that the deceased while undergoing treatment at Gandhi Hospital succumbed to injuries and on this the section of law is altered. The investigation discloses that A.1 and A.2 have committed the offences punishable under Sections 302 and 109 IPC.

4. From the material available on record, it appears that after giving necessary copies as required under Section 207 of Cr.P.C., the case was committed by the learned Magistrate to the Court of Sessions. The learned Sessions Judge having registered the case, vide SC No.239 of 2012, made over the same to the learned VI Additional District and Sessions Judge, Siddipet. The learned VI Additional Sessions Judge has framed the charges against the accused for the offences punishable under Sections 302 and 109 of IPC, to which they pleaded not guilty and claims to be tried.

5. During the trial on behalf of the prosecution, in all PWs.1 to 14 are examined and Exs.P.1 to P.20 are marked. After closure of prosecution evidence, the accused were examined under Section 313 of Cr.P.C. with reference to incriminating oral and documentary evidence, the accused have denied the said offence in toto. No defence evidence is adduced. The trial Court after hearing the parties, found A.1 guilty for the offence punishable under Section 302 of IPC and he was sentenced to undergo life imprisonment and to pay a fine of Rs.500/-, in default to suffer two months simple imprisonment. Wher