Conviction under Section 306 IPC requires clear evidence of abetment; mere insults do not suffice, and without a specific charge, conviction cannot stand.

JUDGMENT :

K. Surender, J.

1. The appellant/A1 filed the appeal questioning the conviction and sentence recorded by the Special Judge for Trial of offences under SCs & STs (PoA) Act, in Spl.S.C.No.7 of 2015, dated 04.10.2018, for the offence underSection 306 of the Indian Penal Code.

2. Heard Sri Ravi Kiran, learned Senior Counsel on behalf of Sri V.Rohith, learned counsel for the appellant and learned Public Prosecutor for the respondent State.

3. Briefly, the case of the prosecution is that the deceased belonged to the SC-Mala Community, while A1 to A4 and Girl Juvenile were from the Yadav community. A1, a classmate of the deceased, was in a romantic relationship with her for the past seven years and had promised to marry her. However, A2 to A4 and Girl Juvenile who are father, mother and sisters of A1, respectively, opposed the marriage due to her caste and allegedly conspired to eliminate her. On 10.02.2014, A1 contacted the deceased, asking her to visit his house with 1/2 litre of petrol, claiming they would go out together. Believing A1, the deceased went to his residence in Gemini Colony, but, A1 was not present. A2, A3 (parents of A1), A4 and Girl Juvenile (sisters of A1) were present and allegedly abused and insulted the deceased in filthy language. The deceased stepped out and stood on the road. When A1 arrived, A1 to A3 allegedly snatched the petrol, poured it on her and set her ablaze. A4 and girl Juvenile reportedly continued to abuse the deceased verbally, as she was pressuring A1 to marry her. The deceased sustained burn injuries.

4. On the same night of 10.02.2014, at about 10.00 p.m., while PW.14 was on patrolling duty in Musheerabad P.S. limits, he received information about a girl receiving burn injuries. PW.14 rushed to the scene and found the deceased with burn injuries lying in front of H.No.1-7-631/2/11, Gemini Colony. He arranged for her to be shifted to Gandhi Hospital, where she was admitted for treatment as inpatient under IP.No.6734 and MLC No.3682 in the Female Burns Ward. He preserved the scene of the offence by posting a picket and proceeded to the hospital. At 11.30 p.m., the same day after confirming with LW.11/Duty Doctor that the deceased was stable, conscious and fit to depose, PW.14-S.I. of Police recorded her statement Ex.P6. Based on the statement, LW.21 registered a case at 12:30 a.m. on 11.02.2014 under Sections 307 r/w.34 of IPC and PW.15 took up the investigation.

5. PW.15, another S.I of Police, visited the hospital and after confirming the deceased’s health condition with LW.11-duty doctor, recorded her statement under Section 161(3) of Cr.P.C. The deceased corroborated her earlier statement and added that she belonged to SC-Mala community. PW.15 filed a requisition before the XIV Addl.Chief Metropolitan Magistrate/PW.10 for recording the deceased’s dying declaration. PW.10 recorded the dying declaration in the presence of LW.11-duty doctor. PW.15 visited the scene of offence, conducted an observation panchanama with mediators PW.11 and LW.7 and drafted a rough sketch. PW.15 seized the following items under a panchanama:

6. Based on the statement given by the deceased, PW.15 added Section 3(2)(v) of the SCs/STs Act. PW.13 addressed a letter to the Commissioner of Police requesting the appointment of a DSP rank officer for further investigation under Rule 7(1) of the SCs/STs (PoA) Rules, 1995. PW.16 was appointed to investigate the case on11.02.2014. PW.16 visited the hospital, confirmed the deceased’s fitness to depose with LW.11-duty doctor and recorded her statement under Section 161(3) of Cr.P.C. PW.16 also examined