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/requisition. In the said requisition, it is mentioned that a request was made to record the dying declaration of the deceased, who allegedly received accidental burns in her house on 10.10.2016. Based on the said requisition, PW.11 visited the hospital and recorded the dying declaration/Ex.P.11 of the deceased. To a question posed by the learned Magistrate as to how she received burning injuries, the deceased explained as follows:

“It has been five years that I got married.

From the time I got married he used to scold, beat and say filthy words. Today morning he brought mutton. He asked me to cook and I cooked. Asked to me make rotis and I made them. My mother-in- law brought gave him liquor (Sarai) to drink. He drank it. I asked him that why he brought mutton instead of chicken and from where do you get money. In response he said lanjamunda who are you to tell me and beat me as he wished. He beat me on waist. I still have pain in my waist. I scolded him back that you are beating and scolding me according to your wish. He does not send me to work. If I stay at home he suspects me asking who came? With whom have you been? And says filthy words. Even today he beat me and used filthy words as usual. Do not I get angry madam. In anger I said few words. So, my husband said lanjamunda you oppose me and poured kerosene and lit fire. Fire was caught up. Fire was put off and I was brought to hospital. This much happened. As I was read I heard. It is correct. No one forced me to say this.”

5. The learned Magistrate recorded the dying declaration of the deceased at 09.30 P.M. The endorsement of the duty doctor was taken regarding the condition of the patient, and thereafter, the statement was recorded. Ex.P12 is the statement recorded by the Constable/PW.12, who went to the hospital and recorded the statement of the deceased at 11.00 P.M. In the statement given to PW.12, the deceased stated as follows:

“I am resident of Suryanaik thanda. My mother belongs to Nuchukunta thanda, Amangal Mandal. Aprroximately five years back my parents gave me to Jarpula Ravi S/o Jarpula Ramulu who belongs to the Suryanaik thanda, for marriage. Presently I have two male children. They are kids. My husband drives auto at Hyderabad. So we are staying at sainagar colony, Hyderabad in a rented house. Approximately from five, six months my husband Ravi, having an illegal relation with other woman was roaming with her and when I strongly questioned about this he used to beat me. The day before yesterday on 08.10.2016 he beat me and took me with my children in auto to Suryanaik thanda from sainagar colony. On 10.10.2016 in the morning at 11.00 hrs, my husband Ravi came home fully drunk, beat me severely, took kerosene from house, poured it over me and lit fire. Because of that fire I screamed