THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No.477 of 2020

JUDGMENT:

(Per Hon’ble Sri Justice K.Surender)

This Criminal Appeal is filed by the appellant/accused, aggrieved by the judgment and sentence dated 25.04.2019 in S.C.No.400 of 2017, on the file of the II Additional District and Sessions Judge (FTC), Mahabubnagar, whereby the appellant was convicted for the offence punishable under Section 302 of IPC.

2. Heard learned counsel for the appellant/accused and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for respondent - State.

3. The case of the prosecution is that Smt. Jarpula Sunitha (hereinafter referred to as ‘the deceased’) is the wife of the appellant. The appellant was convicted for pouring kerosene on his wife and setting her on fire.

4. After the deceased received burn injuries, she was taken to Osmania General Hospital, Hyderabad, where the Station House Officer, Afzalgunj Police Station, visited and gave a requisition to the concerned Magistrate to record the dying declaration of the deceased. No Police Officer from the Afzalgunj Police Station was examined. However, the prosecution relied on Ex.P10/requ