STATE OF A P Vs. SHAIK MOIN

JUDGEMENT

(1.) The State of Andhra Pradesh is in appeal before us against the judgment of the High Court of Judicature at Andhra Pradesh whereby the high Court allowed the appeal filed by the respondent herein setting aside the conviction and sentence imposed by the IInd Additional Metropolitan sessions Judge, Hyderabad.

(2.) The prosecution case stated briefly is that on 26-2-1991 at about 4.45 a. m. the respondent-accused poured kerosene on his wife and set her on fire, consequently, she suffered about 65% to 70% burn injuries. It is the case of the prosecution that she was taken to the hospital by the accused, PW 1 and pw 5. On receiving intimation from the said hospital PW 13 Sub-Inspector came to the hospital and recorded the statement of the deceased as per Ext. P-8. The prosecution also relies on a dying declaration made to PW 5 and another dying declaration Ext. P-2 made to the Judicial Magistrate on the very same day. The trial court relying upon the dying declaration, Ext. P-2 made to PW 3 Judicial Magistrate found the respondent guilty of the offence punishable under Section 302 IPC and sentenced him to undergo imprisonment for life while for an offence punishable under Section 498-A for which the respondent was also charged he was found not guilty and acquitted of the said charge.

(3.) On appeal against the said judgment the High Court considering the various dying declarations came to the conclusion that it is not safe to rely upon these dying declarations to come to the conclusion that the respondent accused was guilty of the offence charged because there were contradictions between the said dying declarations.