THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No.658 of 2017 JUDGMENT : (per Hon’ble Sri Justice K.Surender)

The appellants A1 and A2 are questioning their conviction and sentence for the offence under Section 302 of IPC against both the appellants and under Section 498-A against A1.

2. The brief averments of the charge sheet are that the victim was got married to PW2 in the year 2009 and they were blessed with two children. After 3 months of her marriage, her in-laws threw them from out of the house after taking away their gold. As such, the victim along with her husband they have put up their family at Rahmatnagar. Later, they changed their residence to Chintal. Meanwhile, their in-laws changed their residence from Balkampet to Suraram and they asked the victim’s brother-in-law, Shekar, along with his wife, Kavitha, i.e., A2, and the victim's family to come over to Suraram, on which, her brother-in-law came to Suraram in the month of May and the victim’s family came to Suraram in the month of August, 2013. From that time onwards, her mother-in-law used to abuse her alleging that she was having an extra marital affair with others.

3. The incident happened on 26.09.2013 at about 02:00 PM. The P.W2/husband of the deceased went to his duty and one Srinivas went to the house of the deceased. The 1^st appellant abused the deceased alleging that she was having illicit relationship with said Srinivas. Then, Srinivas left, and the deceased was beaten and 1^st appellant poured kerosene on her, while 2^nd appellant set her on fire. At that juncture, PW.2 arrived and took the deceased to the hospital.

4. The statement of the deceased was recorded by the police at 8:30 P.M on 26.09.2013. In the statement made to the police, the deceased stated about the marriage, etc., and mentioned about the date of the incident. According to her, around 12:00 P.M, when PW.2 went to duty one known person/Srinivas came to their house. Then 1st appellant abused her by stating that she was having an illegal relationship with him and poured kerosene on her. The 2nd appellant set her on fire.

5. A requisition was given by the SHO of Police Station Dundigal, which is Ex.P12. The said requisition was sent to the Magistrate/PW.12 for recording the dying declaration of the deceased. In Ex.P12, it is mentioned by the SHO that the victim set heavily on fire on 26.09.2013 at about 02:00 P.M, and the percentage of burns was 80%. Since the hospital authorities advised to record the dying declaration of the victim, the said requisition/Ex.P12 was given by the SHO.

6. The learned Magistrate/PW.12 went to the hospital and recorded the dying declaration/Ex.P13 at 08:50 P.M. The learned Magistrate, after having obtained the endorsement of the duty doctor in the printed proforma of the dying declaration, proceeded to record the statement of the deceased. After preliminary questions, the deceased was questioned about who burnt her. She stated that her husband’s friend, namely Srinivas, came to their house to collect his mother’s hospital report after informing PW.2. The deceased gave him a glass of water. Meanwhile, the 1^st appellant accused her of having illicit intimacy with him and abused him in filthy language. The said Srinivas left the house. The deceased questioned A1 as to why she abused Srinivas, then 1st appellant questioned the deceased as to why she was sleeping with others and asked her to sleep with her father-in-law. Then, 1st appellant poured kerosene on her. Meanwhile, A2 set her on fire.

7. The FIR was registered at 11:30 P.M on the basis of the statement recorded by the police around 08:10 P.M on the same day.

8. While undergoing treatment, the deceased died on

28.09.2013.

9. The Investigation Officer, having concluded the investigation, filed a charge sheet before PW.14.

10. The learned Sessions Judge framed charges under Sections 498-A and 302 of IPC against both the appellants. 11. Learned Sessions Judge found th