AND CRIMINAL APPEAL No.1028 OF 2017 JUDGMENT: (per Hon’ble Sri Justice K.Surender)

1. This appeal is filed aggrieved by the judgment dated 13.02.2017 in S.C.No.289 of 2016, passed by the IV Additional Metropolitan Sessions Judge, at L.B.nagar, Ranga Reddy, convicting the appellant/accused for the offence under Sections 498-A and 302 of IPC and sentencing him to undergo life imprisonment.

2. Heard Mr. S. Ram Reddy, learned counsel for appellant and Mr. Dodla Arun Kumar, learned Additional Public Prosecutor appearing on behalf of respondent-State.

3. The appellant’s wife was taken to the hospital with burn injuries. The incident happened on 20.12.2015. On the said day, the appellant went to his house and quarreled with his deceased wife in a drunken condition. The reason given by the deceased, in her dying declaration, is that the appellant was fully drunk and for the reason of the curry, that was cooked, not being tasty, appellant scolded her, poured kerosene on her and lit her on fire. PW1 is the mother of the deceased, she was present in the house when the incident had taken place. According to PW1, appellant was habituated to drinking and used to beat her daughter asking for money. On the date of incident, in a drunken condition, he poured kerosene on deceased after quarrelling with her and lit fire with match box, which was in his pocket. While PW1 was trying tried to rescue her daughter, she also received burn injuries.

4. The deceased was taken to the hospital. In the hospital, requisition was given to the Magistrate for recording dying declaration. Dying declaration was recorded on 21.12.2015, at 10.40 A.M. Duty doctor certified that the patient was conscious, coherent and was in fit status of mind to give statement. Magistrate went on to ask preliminary questions, to satisfy himself regarding the status of mind of the deceased. After satisfying himself, the Magistrate asked the deceased as to what happened. The deceased gave her statement, which is as follows:

“Yesterday night at 07.00 hours, my husband Shankar came fully drunk. Everyday he comes drunk. While eating food, on the pretext the mutton curry cooked is not tasty, scolded, poured kerosene contained in Kerosene tin on me and lit with match stick. My mother and my daughter were also in house. Neighbours came and poured water on me and they brought me to hospital. My husband comes drunk daily and fights with me and abuses me badly.”

5. On the basis of the dying declaration and also statement of PW1, learned Sessions Judge convicted the appellant for the offence under Section 302 of IPC.

6. Learned counsel for appellant would submit that a case of suicide was projected as a case of murder. The deceased received 60% burns and in such a condition, giving statement to the Magistrate is highly doubtful. PW2, who is the daughter of deceased, has stated that PW1 was not present in the house and appellant was not responsible for the burns received by her mother. For the said reason, the conviction has to be set aside.

7. PW1 is the mother of deceased, she lodged the complaint/Ex.P1 stating the involvement of the appellant in burning the deceased.

8. PW2 stated that appellant poured kerosene on her mother and lit her on fire, for the reasons of not preparing food properly. The version given by PW2, stating that her grand-mother was not present, is of no help to the appellant. In fact, PW2, daughter of the appellant had clearly stated that appellant went home and he poured kerosene on deceased and lit fire to her on the ground that chicken curry was not properly prepared. Even in the dying declaration, deceased stated that the husband was fully drunk and thereafter, on the pretext of the food not being tasty, he lit her on fire, after pouring kerosene.

9. From the evidence of PWs.1, 2, and dying declaration, there leaves no room for doubt regarding the involvement of the appellant in burning his wife, after dousing her with kerosene and litting her on fire.

10. However, the inciden