The High Court · 2025

Counsel for the Appellants: M/s. P S Bhramaramba Devi Counsel forthe Respondent: Sri Arun Kumar Dodla, Additional Public Prosecutor The Court delivered the following JUDGMENT: HON'BLE SRI JUSTICE K.SUR.ENDER HON'BLE SRI JUSrICE ANIL I<('MAR JI'KANTI CRIMINAL APPEAL No.141O OF zOLz JUDGMENT: 1. The appellants are ,A.1 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.B8 of 2Ol t, dated 18.12.2014, passed by the Additional District and Sessions Judge, vikarabad. ,{2 was released on remission by the Government. Accordingly, ttre appeal js 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. lp.w. 1 rvent to the police station and lodged complaint on 09.IO.2OOg, at 1O 0O A.M. In the complaint, she narrated that the deceased w,as married to the appellarrt I Vz years prior to the complaint. Rs.10,O0O/ cash and 1o grams of gold were given at the time of marriage. The appellant and A2 used to torture the deceased physicaly and mentally. In fact, a panchayat was a-lso held to resolve the issues in between the 2 appellant and the deceased. It is further stated in the complaint that on O9.IO.2OO9, around 7.3O 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 7.3O a.m, the appellant and A2 abused her for being careless, and suddenly, the appellant poured kerosene onto her ald set her on fire. The act of buming by A,1 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 Yz years prior to the incident, and at the time of 3 marriage, cash and gold ring were given, alon5J with 1O grams of gold. The appellant was promised that another gold ring and Rs.12,O00/- will be given subsequently. Deceased further narrated that the husband/appellant sold her ring, and h.er parents thought that if the gold, ',vhich was given, was already sold, he would take the amount of Rs.l2,OOOl- and spend to drink alcohol. A,2 also used to harass her to get more gold and both of them [ortured her physically and mentally. The communi$r 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, crnd took her to the hospital

4. The deceasecl died on 14.10.2OO9. The appellant was arrested on 16.10.2009. After concluding investigation, the police filed a cha-rge sheet against the appellant and 42 for the offence under Section 302 of IPC.

5. During the course of tria_I, p.W. l/mother of the deceased, P.W.2/fatber of the deceased and p.W.3/indepr:ndent witnesses, were treated hostile to the prosecution case, since all three of them l resiled from their earlier statements. The parents of the deceased, ,.. 4 P.Ws.1 and 2, stated that the deceased committed suicide unable to bear severe stomach ache. P.W. L 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 palch. 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 investigation was done by P.Ws.8 and 9 and thereafter, P.W. 1O . hled charge sheet after concluding investigation.

7. Learned counsel appearing for the appellant would submit that there are contradictory versions in the complaint and the dying declaration of the deceased. Further, the parents of the deceased turned hostile to the prosecution case. In the absence of any other evidence, the dying declaration, cannot solely form basis to convict the appellant. 5

8. On the other hand, learned Additional Public Prosecutor would submit that there is no reason why the deceased would speak false against the aPPellants' g. Having Pemsed the record, the comPlaint was filed on The incident happened at 7'00 a'm' on 09.10.2OO9, at 10'00 a'm' the same day. Even according to the evidence of P'W'f in the Court, and also in Ex'P1-complaint' P'W'I met the deceased in the hospital and enquired with her, and later lodged complaint before the police. The dying declaration of the deceased was recorded by the MagistratelP.W'7, at 4'30 p'm' on the sarne day' The only evidence against the appellant is the dying decla:-ation Ex'P10' 1O. Though, a dying declaration can form sole basis for conviction' however, the statement given by the deceased should be believable' According to the dying declaration, the marriage was held I Yz years prior and some amount was to be given to the appellant' She further stated that the gold ring was given and the same was sold by the appellant, and the parents of the deceased did not give any further amount on the ground that earlier amount that was given was spent to meet his alcohol expenses' A2/mother-in-1aw also 6 used to abet the appellant herein, and both of them used to harass her physically and mentally. 1 1. The version of harassment is not stated by any of the witnesses. The parents of the deceased, P.Ws. L and 2 turned hostile to the prosecution case, and stated that the deceased committed suicide due to stomach ache.

12. In the absence of any other corroborating evidence regarding harassment, the circumstances under which the statement was made to the Magistrate, has to be looked into. As already discussed, P.W. I met the deceased in the hospital in the morning itself and thereafter, she lodged complaint at 10.00 a.m. The possibility of P.W. 1 and other relatives, tutoring the deceased to speak against the appellant, cannot be ruled out. Though the deceased, in her statement before the Magistrate, stated regarding several events, including the details of dowry harassment', etc., however, none of the events narrated by the deceased hnds corroboration.

13. In the back ground of the present facts and circumstances of the case, when the possibility of tutoring by the mother and others, -'_---rlaEj$r;!;..r 7 cannot be ruled out, the conviction cannot be tlased solely on the dying declaration of the deceased. For the said reason, the appelrant succeeds and the conviction recorded by the trial court against A.1 in S.C.No.gg of 20 11, dated lg.I2.2ll4, is hereby set aside. . Since the appellant/Al is in jail, he shall be released forthwith, if he is not required in any other case. L4' Accordingry, criminar Appear is arowecl. Miscelraneous, applications, if any pe-nding, shall stand closed. //TRUE COPYII Sd/- K. SRINIVAS RAO R JOINT REGI SECTION OFFICER

1. The Additionar District and Se_ssions Judge, vikarabad, R.R. District. ? !1. Superintendent, Centrat prison at CtieirapirriGv Speiirf itt'esrenger) _- Central prson --foi'- 3 Ihg Superintendent, . !.yOqraOga(BySpeciat Messenger) 4. The Station house Officer, Charu-r pblice Station, Vikarabad 5. Two ccs to the pubric prosecutor, High-court'roi tJsiate of rerangana at 9. 9n" CC to M/s p S Bhramaramba Devi, Advocate tOpUCI 7. Two CD Copies Women Cf,-*in"r-ffilAr, Hyderabad. [OUT] To, VH 6 HIGH COURT DATE D : 27 10212025 :J li) 2 B tEl 2$?5 JUDGMENT t, CRLA.No.1410 ot 2017 ALLOWING THE APPEAL \ ) I l