Dying declarations and circumstantial evidence can substantiate a conviction for homicide under IPC.

1. The appellant / accused was tried in S.C. No. 273 of 2008 on the file of the III - Additional Sessions Judge (FTC), Asifabad, for an offence punishable under S.302 IPC. IN caus ING the death of his wife Debbati Kaveri and eight month old infant son Vishnuvardhan (hereinafter referred to as 'D1' and 'D2') in the early hours of 24-05-2007 at his house in Khairgaon village of Rebbena Mandal.

2. The facts, in brief, are as under: - The accused and D.1 were married in 2002 and were blessed with a daughter Akanksha, and a son - D.2. At the time of marriage, substantial amount of dowry and landed property was given. The accused was still demanding money. Ever since D.1 conceived D.2, the accused has been suspecting the fidelity of D.1 on the ground that ever since the birth of the first child Akanksha, she did not participate with him in sexual intercourse. Subsequently, D.1 gave birth to D.2 and the accused continued to question the character of his wife - D.1.
It is alleged that on 24-05-2007 at about 03.00 a.m., when the accused, D.1 and D.2 were in the room, there was an altercation in between them and the accused poured kerosene and set fire to his wife and son. Neighbours gathered there and summoned the relatives of D.1 as well as an ambulance. D.1 and D.2 were shifted to the Hospital at Asifabad, but by that time, D.2 died. For better medical treatment, D.1 was being shifted to Mancherial Government Hospital and on way, the uncle of D.1, who was accompanying them, got down at Rebbena P.S. at about 06.00 a.m., lodged the complaint, and thereafter proceeded to Mancherial Hospital. The case was registered as Crime No. 41 of 2007 and a requisition was sent to the Executive Magistrate - Sri K. Salman Raju (PW 11), who visited the Hospital and recorded the dying declaration of D.1. After D.1 was pronounced dead, further investigation was taken up and inquest was held by the Executive Magistrate PW 11. Post - mortem was conducted by the team of Doctors consisting of PW 15 Dr. K. Uday Chander and another Doctor by name Saibaba. Scene of offence panchanama was conducted and the statements of the witnesses were recorded. On 27-05-2007 the accused was arrested and he is said to have confessed of committing the crime. After completing the investigation, the C.I. of Police PW 20 filed the charge - sheet. Cognizance was taken and the case was committed to the Court of Sessions, Adilabad, which was made over to the Ill - Additional Sessions Judge (FTC), Asifabad, for trial. Charge under S.302 IPC was framed and the accused pleaded not guilty. The prosecution examined PWs 1 to 20, produced Exs.P1 to P.28 and M.Os 1 to 10 were taken on record. In defence, except for marking Ex.D1, which is a part of the statement of PW 3, recorded under S.161 Cr.P.C, no other defence is produced. Through its Judgment, dated 24-10-2008, the trial Court found the accused guilty of the charge and accordingly sentenced him to undergo imprisonment for life and to pay fine of Rs.2,000/-. Hence, the appeal.

3. The contention of the learned Counsel for the accused is that the evidence of the prosecution witnesses does not prove the guilt of the accused beyond reasonable doubt and the prosecution miserably failed to connect the chain of circumstances with reliable, cogent and consistent evidence. It is further submitted that there are material omissions and improvements as between the complaint Ex. P1 and the evidence on record. Learned Counsel further submits that the dying declaration recorded by the Executive Magistrate, which is heavily relied upon, does not satisfy the