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2024 Supreme(Telangana) 1242

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P. SAM KOSHY, N. TUKARAMJI, JJ.
The State of Telangana – Appellant 
Versus
Ambati Srinivas and Others – Respondents
Criminal Appeal No. 1237 of 2016
Decided On : 03-09-2024

Advocates Appeared:
For the Appellant : Syed Yasar Mamoon
For the Respondents: A. Bhupathi Reddy, Papaiah Peddakula

The prosecution must prove guilt beyond reasonable doubt, and acquittals should not be interfered with unless found to be perverse or unsupported by evidence.

Headnote:(A) Indian Penal Code - Sections 498-A, 302, and 309 - Appeal against judgment of acquittal wherein accused acquitted of charges of dowry harassment and murder - Trial Court erred in disbelieving dying declarations of deceased which were critical to prosecution's case. (Paras 3, 4, 7, 9, 15)

(B) Dying Declaration - Standards of acceptance - Courts must ensure reliability, consistency, and credibility of dying declarations before relying on them as sole basis for conviction. (Paras 16-20)

Facts of the case:
The deceased was allegedly set ablaze by accused, suffering 70% burn injuries leading to her death, with claims of dowry harassment preceding the incident. (Para 4)

Findings of Court:
The appellate court found no basis to interfere with the acquittal, affirming the Trial Court's finding which deemed the dying declarations of the deceased concerning the incident as not reliable. (Paras 22, 23)

Issues: Whether the Trial Court erred in its assessment of the dying declarations and whether the acquittal was justified based on insufficient evidence.

Ratio Decidendi: The appellate court reinforced the principle that the prosecution bears the burden of proof and must establish guilt beyond a reasonable doubt, emphasizing the need for corroborative evidence alongside dying declarations. (Paras 21, 22)

Result: Appeal dismissed.

Table of Content
1. overview of the case and parties (Para 1 , 2)
2. facts of the case and background events (Para 3 , 4)
3. trial court proceedings and evidence presented (Para 6 , 10)
4. arguments from the prosecution about the acquittal (Para 7 , 8 , 9)
5. witness statements and testimonies (Para 11 , 12)
6. analysis of dying declarations and credibility (Para 13 , 14 , 15)
7. legal standards regarding dying declarations (Para 16 , 18)
8. principles governing judgments of acquittal (Para 21 , 22)
9. final decision and dismissal of the appeal (Para 23 , 24)

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 commit

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