The High Court · 2025

Counsel for the Appellant : Sri S Ram Reddy Counsel for the Respondent : Sri Arun Kumar Dodla, Additional Public Prosecutor The Court delivered the following: Judgment I THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SHRI JUSTICE J.ANIL KUMAR CRIMINA LAPPEAL No. LO28 0F 2017 JUDGMEIII: (per Hon'hle Sri Jttstice K.Surender) 1 . This ilppeal is frled aggrieved by the judgmen r dated 13.O2.2O1'/ in S.C.No.289 of 2Ot6, passed by the IV Additional Metropolitan Sessions Judge, at L.B.nagar. Ranga Reddy, convicting the appellant/accused for the offence under Sections 498-4 and 302 of IpC and sentencing him to undergo lifi: imprisonment.

2. Hearrl Mr. S and Mr. l)odla Ram Reddy, learned counsel for aptellant Arun Kumar, learned Additional public Prosecutor eppearing on behalf of respondent_State.

3. The aopellant,s wife was taken to the hospital witlr burn injuries. The incident happened on 20.72.2075. On the said day, the apoellant went to his house and quarrelecl rvith his deceased rvr f,: in a drunken condition. The reason grv en by the decease,l, in her dying declaration, is that the apF,ellant was ful1y drr.rnk and for the reason of the curry, tha I was cooked, nol being tasty, appellant scolded her, p()ured kerosene on her and lit her on frre. pWl is the mother of the deceased, slrr: was present in the house when the inr.ident :i:li' 2 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' Whtle 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 2l 122Ol5' at 1O.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 himseif 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 ni8ht at 07 O0 hours, my husband Shankar came"fully-drr.nk Everyday he comes drunk' While eating food, on the pretext the mutton curry cooked is not tasty, scolded, por'rred kerosene in Kerosene tin on me and lit with match ftllv mother and my daughter were also in house' "o.rt.i.r"a "ii.f.. Neishbours came and poured waler on me and lhey ;.;";i me to hospital. My husband comes drunk a-fvi"a fights with me and abuses me badly " 3

5. On the basis of the dying declarartion a:td also statement of PWl, learned Sessions Judgc conviited the appellant ftrr the offence under Section 3O2 of IpC.

6. Learned counsel for. appellant would submit that a case of suicide rvas projected as a case of murder. The d,:ceased received 60'% burns and in such a condition, giving sti rtement to the M agistrate is highly dou btful. pW2, u4_ro is the daughter c,[ deceased, has stated that pW1 was not prt,sent in the house zrnd appellant was not responsible for thi burns received b'. her mother. For the said reason, the cor.viction has to be s--t aside.

7. PW1 is the mother of deceased, she lodgr:d the complaint/ Ex. P I stating the involvement of the appel lant in burnrng tht deceased 8, PW2 srtated that appellant poured kerosene t n her mother anc lit hcr on fire, for the reasons of not pre paring food properly. The version given by pW2, stating th,rt her grald-mother was not present, is of no help to the appellant. In fact, PW!,, daughter of the appellant had clearly state d that appellant went home ancl he poured kerosene on der.eased and lit fire ro her on the ground that chicken curry wirs not properly prt,pared. Even in the dying declaration, dec.eased 4 stated that the husband was fully drunk and thereafter, on thb pretext of the food not being tasty, he lit her on fire, after pouring kerosene. g. From the evidence of PWs.l, 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 incident happened when the appellant was in a fully drunken state and there was a quarrel in between the deceased and appellant. Under Exception-4 of Section 300 of IPC, culpable homicide is not murder, if it is committed without premeditation, in a sudden fight or in the heat of passion upon a sudden quarrel' Appellant had gone home in a fully drunken condition, and during quarrel with his wife, he poured kerosene on her and lit her on ltre lt cannot be said that there was any premeditation in the act of the appellant. It was a sudden hght and in the heat of passion, appellant had poured kerosene on her and lit her on fire.

11. Since the incident happened during a heated argument in between the spouses, this Court deems it appropriate to convict the appellant for the offence under Section 304 - I of ) IPC, selrr,encing him to und.ergo g years rigorous imprisonrnent, whiie setting aside the convictior L under Section 3t) 2 of IPC. \2. Acc r-dingly, this Criminal Appeal is partly allorved. Srnce the appellant is in jail, the period of impris:nment, already un,:lergone by the appellant, shall be set-off. Sd/. C.V. MALLIKARJUNA VARMA JOIN'1' REGISTRAR //TRUE COPY// I !)",io* o, FICER ,) To,

1. The lV Additional lVletropolitan Sessions Judge, at Lb.Nagar, langa Reddy District. (with re:ords. if anY)

2.' The Vlll hrletropolitan [r/agistrate, Cyberabad at Rajendranagar 3. The Superintencient, Central Prison, Cherlapalli, Ranga Reddy District 4. Two CCs to the Public Prosecutor, High Court for the State of -'elangana at Hyderabad [O1..]'li

5. One CC to Sri S Ram Reddy, Advocate [OPIJC] 6 Two CD Copie ; ADKpy HIGH COURT DATED:3010112025 JUDGMENT CRLA.No.1028 ot 2017 r:l\\ ( F,I E S ,^t 2 5 ;rl ;,135 .',, ,/ J' _) i_) ,9 \'-" \ PARTLY ALLOWING THE CRLA 4 ""qRA fu.