THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL APPEAL Nos.2634 & 2604 OF 2018 COMMON JUDGMENT: (per Hon’ble Sri Justice K.Surender)

1. Heard Sri P. Prabhakar Reddy, the learned counsel for the appellants-accused Nos.2 and 3 in Criminal Appeal No.2634 of 2018, Sri G. Jithender Reddy, the learned counsel for the appellant-accused No.4 in Criminal Appeal No.2604 of 2018, and the learned Additional Public Prosecutor for respondent.

2. Both the appeals are filed, aggrieved by the judgment dated 31.08.2018 in S.C.No.237 of 2012, passed by the V Additional Sessions Judge, at Bhongir District convicting the appellants/accused Nos.2 to 4 for the offence under Sections 302 r/w 34 of IPC and sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs.500/- each, in default of which they shall undergo simple imprisonment for one month.

3. The case of the prosecution is that the appellants- accused Nos.2 to 4 are the brothers-in-law of accused No.1 (acquitted). There were differences between accused No.1 and one Maragani Venkataiah (deceased). The deceased was running a kirana shop-cum-tent house at Rusthapur village and also in the neighboring village at Vadaparthy. The deceased developed illegal intimacy with the wife of accused No.1. Accused No.1 noticed it and several times he warned his wife as well as the deceased to mend their ways. However, the relationship continued and a panchayath was also held, and the deceased was admonished.

4. On 17.11.2011 evening, the deceased was proceeding from Rusthapur to Vadaparthy on a scooter. When he reached Vadaparthy rice mill, at 6.00 P.M., accused Nos.2 and 3, who are the brothers-in-law of accused No.1, came in an auto from the opposite direction and dashed it against the scooter of the deceased. When the deceased fell to the ground, they beat him with their hands indiscriminately. In the meanwhile, accused No.1 joined accused Nos.2 and 3. Accused No.1 collected a fuel bottle from the auto and handed it over to accused No.3. Accused No.3 poured it over the deceased, while accused No.2 set him ablaze. The deceased, with burn injuries, was later shifted to the area hospital, Bhongir. At the first instance, the doctor-P.W.17 examined the deceased around 07.30 P.M. He recorded the dying declaration/Ex.P.23. In the said dying declaration recorded by P.W.17 at 07.30 P.M., on 17.11.2011, the deceased stated as follows:

“ My name is M. Venkatest, S/o. Veeraiah, Age:50 years, R/o. Rusthapuram village.

I have been maintaining friendship with one Vani who is the wife of Neella Yadagiri for eight years. Due to which Yadagiri used to pick up quarrels with me and his wife Vani. Because of that Yadagiri developed grudge against me. Today., i.e., on 17.11.2011 at 6.00 p.m., after completion of my works when I was returning from Rusthapuram village and proceeding towards Vadaparthi on my scooter, near the Vadaparthi village some persons i.e., brothers-in-law of Yadagiri namely Shiva, Raju, and Narasimha came from Alair in auto, dashed to my scooter, got me down, beat me severely with hands, in the meanwhile poured petrol on my body and the three persons set me on fire and escaped from there in their auto. On hearing my hue and cries, the persons who were passing on the way (names not known to me) doused flames, shifted me to Area Hopsital, Bhongir in auto”.

5. The deceased was shifted to Gandhi Hospital at Hyderabad. P.W.18 was given a requisition by P.W.19 for the purpose of recording the dying declaration. According to P.W.18/Magistrate, he received the requisition on 17.11.2011 at 11.00 P.M. Immediately, he went to the Gandhi Hospital and recorded the dying declaration of the deceased. One of the questions posed by the Magistrate and the corresponding answer given by the deceased is as follows:

“Q.1. How did you sustain burn injuries?

Please explain in detail Ans: I am resident of Rusthapuram village. I run provisions shop and I am having a tent ho