IMPORTANT POINT
The prosecution must prove guilt beyond reasonable doubt, and inconsistencies in dying declarations can lead to acquittal.

JUDGMENT :

P. SAM KOSHY, J.

1. Heard Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor for the appellant-State and Mr. A. Bhupathi Reddy, learned counsel, representing Mr. Papaiah Peddakula, learned counsel for the respondents-accused.

2. Aggrieved by the judgment of acquittal dated 27.01.2015 in Sessions Case No. 468 of 2012 passed by the V Addl. District Judge at Bhongir, the instant appeal has been filed by the appellant-State.

3. Vide the impugned judgment, the Trial Court found accused No. 1 not guilty for the offence punishable under Section 498-A and 309 of IPC. At the same time, accused Nos.2 to 4 were also found not guilty for the offence punishable under Section 498-A and 302 read with Section 109 of IPC and all the accused persons stood acquitted of all the charges leveled against each one of them.

4. The case of the prosecution, in brief, is that the deceased Ambati Manasa was the wife of accused No. 1. It is the case of the complainant (father of the deceased) that accused No. 1 and his daughter initially had a happy married life for about six months time. Thereafter, accused No. 1 started harassing deceased on the ground of dowry and he was continuously asking for additional dowry of Rs.3,00,000/-. The complainant did manage to pay some amount to accused No. 1 so as to ensure that his daughter is not harassed. Yet accused No. 1 continued to harass the deceased and used to often assault her and also used to doubt the fidelity of his wife. Suddenly, on 23.04.2012 at around 02:00 A.M. the complainant received a telephonic message that his daughter suffered burn injuries and she has been shifted to Image Hospital, Madhapur, Hyderabad, for treatment. The complainant immediately rushed to the Image Hospital and found burn injuries all over the body of the deceased except on her head. It was further stated by the complainant that on enquiry, the deceased told him that while she was lying on the bed and was feeding her infant child, accused No. 1 poured kerosene on her and lit fire. Subsequently, he informed the police authorities. However, after about seven days of treatment, his daughter died because of burn injuries. According to the complainant, accused No. 1 was instrumental in burning his daughter to death. At the same time, accused Nos. 2 to 4 were all responsible for continuous harassment, ill-treatment and torturing the deceased on the demand of dowry.

5. Based on the complaint of the father of the deceased, the Police Station, Bibinagar at District Nalgonda lodged an FIR with Cr. No. 62 of 2012 dated 24.02.2012 was registered and investigated upon. After investigation a charge sheet was filed and subsequently the matter was put to trial before the Court of V Addl. District Judge at Bhongir where the case was registered as S.C. No. 468 of 2012.

6. The prosecution in all examined as much as sixteen witnesses and exhibited as many as fourteen documents. There were no witnesses examined, neither were there any documents marked in support of defence. Thereafter, the statement of the accused was recorded under Section 313 of Cr.P.C. and the Trial Court after hearing the learned counsel appearing on either side, finally passed the impugned judgment by acquitting the accused persons of all the charges leveled against them.

7. Challenging the said impugned judgment of acquittal, the learned Additional Public Prosecutor contended that it is a case where the Trial Court has committed an error in not properly appreciating the dying declaration of the deceased while acquitting the accused persons. The learned Additional Public Prosecutor heavily relied upon the two dying declarations of the deceased recorded first by the police authorities immediately after the incident and secondly that which is recorded by the Judicial Magistrate subsequently on the same day. That the entire case of prosecution rests upon the two dying declarations and where the statement of the deceased in the two dying declarations are consistent and