HON’BLE SRI JUSTICE K.SURENDER and HON’BLE SRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL APPEAL No.1410 OF 2017

JUDGMENT:

1. The appellants are A1 and A2. Both the appellants were convicted under Sections 498-A and 302 of IPC and sentenced to undergo three years and life imprisonment, respectively, vide judgment in S.C.No.88 of 2011, dated 18.12.2014, passed by the Additional District and Sessions Judge, Vikarabad. A2 was released on remission by the Government. Accordingly, the appeal is heard insofar as A1 is concerned.

2. Briefly, the case of the prosecution is that the appellant was married to the deceased, namely Anitha. P.Ws.1 and 2 are the mother and father of the deceased, respectively. P.W.1 went to the police station and lodged complaint on 09.10.2009, at 10.00 A.M. In the complaint, she narrated that the deceased was married to the appellant 1 ½ years prior to the complaint. Rs.10,000/- cash and 10 grams of gold were given at the time of marriage. The appellant and A2 used to torture the deceased physically and mentally. In fact, a panchayat was also held to resolve the issues in between the appellant and the deceased. It is further stated in the complaint that on 09.10.2009, around 7.30 a.m, while P.W.1 was at home, she received information on phone that the deceased was rushed to Area Hospital in Dornal village, as deceased suffered burn injuries, and her condition was serious. P.W.1, then rushed to the village and met the deceased in the hospital, where she was found to be completely burnt. The deceased then narrated to P.W.1 that, in the morning around 7.30 a.m, the appellant and A2 abused her for being careless, and suddenly, the appellant poured kerosene onto her and set her on fire. The act of burning by A1 was supported by A2.

3. The police, having received complaint, registered the case and gave requisition to the Magistrate for recording dying declaration. The dying declaration was recorded by Magistrate/P.W.7. P.W.7 went to the hospital around 4.30 p.m, on the same day. He put preliminary questions to the deceased and after being satisfied that the deceased was in a fit state of mind, started recording her statement. The deceased stated that, she was married to the appellant about 1 ½ years prior to the incident, and at the time of marriage, cash and gold ring were given, along with 10 grams of gold. The appellant was promised that another gold ring and Rs.12,000/- will be given subsequently. Deceased further narrated that the husband/appellant sold her ring, and her parents thought that if the gold, which was given, was already sold, he would take the amount of Rs.12,000/- and spend to drink alcohol. A2 also used to harass her to get more gold and both of them tortured her physically and mentally. The community elders held a meeting to resolve the issues, however, on the date of the incident, the appellant suddenly poured kerosene on her and set her ablaze. Hearing her shouts, the neighbours came there, and took her to the hospital.

4. The deceased died on 14.10.2009. The appellant was arrested on 16.10.2009. After concluding investigation, the police filed a charge sheet against the appellant and A2 for the offence under Section 302 of IPC.

5. During the course of trial, P.W.1/mother of the deceased, P.W.2/father of the deceased and P.W.3/independent witnesses, were treated hostile to the prosecution case, since all three of them resiled from their earlier statements. The parents of the deceased, P.Ws.1 and 2, stated that the deceased committed suicide unable to bear severe stomach ache. P.W.1 and 2 further stated that the said information was given by the deceased, when P.W.1 enquired with the deceased in the hospital.

6. P.W.4 is the inquest panch. P.W.5 is the scene of offence panchanama witness. P.W.6 is the postmortem doctor, who stated that the death was on account of burns. P.W.7 is the Magistrate, who recorded dying declaration Ex.P10. P.Ws.8, 9, and 10 are the investigating officers. Part of investigati