Inconsistent dying declarations cannot suffice for conviction without corroborating evidence, especially when procedural guidelines for a fair trial are not met.

JUDGMENT :

K. LAKSHMAN, J.

1. Heard Mr. D. Bhasker Reddy, learned counsel for appellant No.2 - accused No.2 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent.

2. This appeal is filed challenging the judgment dated 04.01.2017 in Spl. S.C. No.45 of 2014 passed by learned Special Sessions Judge - cum - VII Additional District and Sessions Judge at Mahabubnagar.

3. Vide the aforesaid judgment, the trial Court convicted the appellants - accused Nos.1 and 2 for the offence under Section - 302 read with 34 of IPC and accordingly sentenced them to undergo life imprisonment and to pay fine of Rs.10,000 (Rupees Ten Thousand Only) and in default to undergo simple imprisonment for a period of one (01) year.

4. During pendency of the present appeal, appellant No.1 - accused No.1 died on 10.04.2021. Learned counsel for the appellants filed a Memo vide USR No.134476 of 2025, dated 24.11.2025 to that effect along with copy of Death Certificate dated 29.07.2021 issued by the Registrar of Births and deaths, Circle-18 of GHMC, Hyderabad. Confirming the same, the Inspector of Police, Jadcherla Police Station also addressed a letter to learned Additional Public Prosecutor, vide C.No.56/B1/JDL/2025, dated 18.11.2025 along with copy of death certificate of appellant No.1 - Accused No.1. The same are placed on record.

5. The case of the prosecution is that deceased - Smt. Goda Chennamma wife of Chandraiah, resident of Gangapur Village, while accused Nos.1 and 2 also hail from the very same Village. The deceased was eking for her livelihood by doing coolie work. She has barren land to an extent of Acs.2.00 guntas in the limits of Gangapur Village and cultivated by herself:

i) On 14.05.2013, accused No.1 asked the deceased to give her land for cultivation on lease basis, but she refused. Keeping the same in mind, on the very same day in the evening, while accused No.1 was transporting granite stones of the deceased available in front of her house, she had objected to the same. Meanwhile, accused No.2 joined and supported accused No.1. When the deceased protested and abused them, both the accused threatened her with dire consequences by saying that they would kill her with granite stones. Accordingly, they decided to eliminate the deceased as she denied giving her land on lease basis.

ii) As per their plan, on 15.05.2013 at 02:00 hours, accused Nos.1 and 2 went to the house of the deceased carrying kerosene. They forcibly entered into the house and accused No.1 poured kerosene on the deceased, who was sleeping along with her grandson, aged 6 years and her granddaughter, aged 4 years, while accused No.1 set fire by lighting a match stick, then fled away by bolting doors from outside. On hearing screams of the deceased, PW.4 rushed and extinguished the flames and the matter was informed to PW.3 and LWs.3 and 4. The deceased was shifted to District Hospital, Mahabubnagar for treatment through 108 Ambulance. On 21.05.2013 at 7.00 hours, the deceased was succumbed with burnt injuries while undergoing treatment. Therefore, accused Nos.1 and 2 committed the offence punishable under Section - 302 read with 34 of IPC .

iii) On receipt of medical intimation, PW.12 - Sub-Inspector of Police, Jadcherla Police Station initially registered a case in Crime No.263 of 2013 under Section -307 read with 34 of IPC on 21.05.2013 and later altered the Section of law into 302 read with 34 of and took up the same for investigation.

iv) On completion of investigation, PW.11 filed a charge sheet against the appellants herein. The same was committed to t