When multiple dying declarations contain material inconsistencies regarding the cause of death, especially where the earliest version recorded by a Magistrate suggests suicide, the prosecution must prove homicidal intent beyond reasonable doubt; failing which, and in the absence of a charge for abetment, the accused is entitled to acquittal.

Appeal under Section 372 /374(2)/378(4) of Cr.P.C praying that the High Court may be pleased to The present Appeal is being filed aggrieved by the Judgment dt 01.03.2017 made in Sessions Case No.340 of 2015 on the file of III Addl. Sessions Judge (F.T.C), Anantapuram, the present of Appeal filed for the following among other.

IA NO: 1 OF 2018

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to condone the delay of 489 days in filing the Crl.A. of 2018 and to pass

IA NO: 2 OF 2018

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to release the Appellant / Petitioner on bail by suspending the execution of sentence passed in Sessions Case No.340 of 2015 dated 01.03.2017 by the III Addl. Sessions Judge (F.T.C) Anantapuramu, pending disposal of the main Criminal Appeal and pass

IA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the execution of sentence in S.C.No. 340 of 2015 on the file of the III Additional Sessions Judge, Anantapuram Dated: 01-03-2017 and release the Petitioner/Accused on bail in Crl.A.No. 2563 of 2018, which is pending before this Hon’ble Court

Counsel for the Appellant:

1.A GAYATRI REDDY

Counsel for the Respondent:

1.PUBLIC PROSECUTOR (AP)

The Court made the following:

JUDGMENT: (per Hon’ble Sri Justice A. Hari Haranadha Sharma)

Introductory:-

[i] Sole accused in Sessions Case No.340 of 2015 on the file of the III Additional Sessions Judge, (Fast Track Court), Anantapuramu, (for short referred as ‘the Sessions Court’) is the appellant.

[ii] He was tried by the learned III Additional Sessions Judge (FTC), Anantapuram for the charges under Sections 498-A IPC and 302 IPC.

2. State represented by the Inspector of Police, Nallamada Circle filed Charge Sheet against the appellant/accused, alleging commission of offences under Sections 498-A on the ground of subjecting his wife to physical and mental cruelty, and under Section 302 IPC for causing death of his wife by pouring kerosene and setting fire.

3. The Sessions Court found the appellant/accused guilty for the offence under Section 302-IPC and sentenced him to suffer imprisonment for life and to pay fine of Rs.10,000/-; in default to pay fine amount to suffer simple imprisonment for a period of one year and acquitted him for the charge under Section 498-A IPC under the judgment dated 01.03.2017. Questioning the propriety and sustainability of the conviction and sentence, the present appeal is filed.

Case of the prosecution:-

4. [i] PW1-D.Lakshmi Devi, PW.6-D.Shankar are the parents of one G.Nagendramma (herein after referred to 'as the deceased'). The accused is the husband of the deceased.

[ii] During their wedlock, the accused and the deceased were blessed with a son by name Mohan. Accused addicted to alcohol etc., and used to harass the deceased physically and mentally, on that count the deceased came to her parental home along with her son. But four days prior to the incident, accused asked the deceased to come to home stating that if she does not come, he will commit suicide. Then, PW.1 and PW.6 taken the deceased to the house of the accused and left her there, asking the accused to take care of her.

[iii] On 07.05.2014 at about 10.00p.m., the accused consumed alcohol and beat the deceased indiscriminately, when she tried to come out of the house of the accused, he caught hold o