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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SURENDER, ANIL KUMAR JUKANTI, JJ.
S. Gunti Rajaiah – Appellant
Versus
The State of Telangana – Respondent
Criminal Appeal No. 600 of 2015
Decided On : 01-08-2024
Dying Declaration - Murder - IPC Section 302, 304-I - The court emphasized the importance of the Dying Declaration as a credible piece of evidence, while also considering the mental state of the deceased and the circumstances surrounding the declaration, ultimately leading to a conviction under a lesser charge.
Fact of the Case:
The appellant was accused of murdering his wife by setting her on fire after a quarrel. The case relied heavily on the Dying Declaration of the deceased, who described the events leading to her death.
Finding of the Court:
The court found the Dying Declaration credible, as it was made in a fit state of mind, but determined that the intent to kill was not established, leading to a conviction under a lesser charge.
Issues: Whether the Dying Declaration can be accepted as reliable evidence and whether the appellant's actions constituted murder or a lesser offense.
Ratio Decidendi: The court held that a Dying Declaration can be the sole basis for conviction if it inspires full confidence, but the intent to kill must be clearly established.
Result: The conviction under Section 302 IPC was set aside, and the appellant was convicted under Section 304-I IPC with a sentence of ten years.
JUDGMENT :
K. SURENDER, J.
1. This appeal is directed against the judgment of conviction and sentence dated 28.04.2015 in S.C. No. 165 of 2014 on the file of the Metropolitan Sessions Judge, Cyberabad at L.B. Nagar, whereby, appellant/accused was sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.1,000/-, in default simple imprisonment for one month for the offence under Section 302 of IPC; also sentenced to undergo imprisonment for a period of one year for the offence under Section 498-A of Indian Penal Code (for short ‘IPC’). Both the sentences of imprisonment were directed to run concurrently.
2. Briefly, the case of the prosecution is that on 15.01.2014, the deceased went to her mother’s house which was in the very same locality where the accused and deceased were staying. Around 08.00 A.M, accused went to her in-law’s house, picked up quarrel and abused her, beat her and took her to house situated at Citizen colony. After reaching house he poured kerosene on her and set her ablaze and closed the doors. When she raised hue and cry, the accused opened the doors and according to the Dying Declaration, he covered her with a blanket and took her to the hospital. Immediately, message was given to the Sub-Inspector of Police, Alwal Police Station, who went to hospital and examined the deceased. Crime was registered for the offence under Sections 307 and 498-A of IPC and investigation was started. On 18.01.2024, the deceased died while undergoing treatment at 05.00 PM. Accordingly, police issued alteration memo seeking alteration of Section 307 of IPC to 302 of IPC.
3. Inquest proceedings were conducted on the dead body of the deceased and thereafter, the body was handed over to the relatives.
4. The entire case rests on the Dying Declaration/Ex.P-6. The said Dying Declaration was recorded on 15.01.2014 at 12.30 PM by the jurisdictional Magistrate/PW.8. Since there are no witnesses to the incident of the deceased being set on fire except the Dying Declaration, it needs careful scrutiny to infer the act of the appellant, whether it is culpable homicide amounting to murder or culpable homicide not amounting to murder. It is relevant to extract material part of dying declaration recorded by the learned Magistrate, which reads as under:
Ans: After quarrel took place, we have vacated the said house and came to Citizen Colony. Since 15 days from the date of coming to Citizen Colony, it is full of harassment. My husband is harassing me by suspecting my fidelity. I shall also give my hard earned money to him.
9. Then?
Ans: Since it was festival yesterday, I went to the house of my mother. Today morning my husband came to the house of my mother. Due to earlier quarrel my brother asked my husband not to come to the house. My husband beat me throughout the road. At about 8.00 AM I was preparing tea on the stove. Since my brother did not give respect to him, my husband continued to beat me but still I was calm.
10. What happened thereafter?
Ans: I asked my husband as to why he is beating me. On that he started beating me severely. My husband told me that I am listening to their words and not listening to his words. My husband threatened to kill me and opened the lid of kerosene stove, poured kerosene on me, came to hall, closed the door of the kitchen from outside, from hall he lit match stick and thrown the same into the kitchen room through underneath the door and fire engulfed me.
11. What happened thereafter?
Ans: Due to flames I raised hue and cry and on that he opened the door and while I was trying to cover myself with blanket, my husband covered me with a blanket.
12. What happened thereafter?
Ans: After witnessing incident, my younger son went to my mother and informed the same to them.
13. Where is your mother’s house situated?
Ans: Ambedkar Nagar within a short distance.
14. What is the occupation of your husband?
Ans: Previously used to work as Attender in Municipality. Presently not doing anything. Under
Dying declaration – In cases where dying declaration is suspicious, it is not safe to convict accused in absence of corroborative evidence.
The main legal point established in the judgment is the reliance on dying declaration as a sole basis for conviction under Section 302/34 of IPC, the interpretation of Section 498A of IPC, and the ap....
A dying declaration must inspire confidence and not be rendered suspicious to form the basis of conviction.
The main legal point established in the judgment is the importance of evaluating dying declarations and medical opinions in cases of criminal offenses.
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