HYDER ALI Vs. STATE A P

JUDGEMENT

(1.) THE sole accused in S. C. No. 62 of 2005 on the file of the learned I Additional Metropolitan sessions Judge, Hyderabad is the appellant. He was charged with the offences punishable under Sections 302 and 498-A I. P. C. Through itsjudgment, dated 30-01-2006. the trial Court acquitted the appellant of the charge under section 498-A I. P. C. , but convicted him for the one, under Section 3021. P. C. Sentence of imprisonment for life and fine of Rs. 1,000/- in default to suffer simple imprisonment for two months was imposed. Hence, this Appeal.

(2.) THE appellant was married to Abbasi begum; and the couple had three sons and a daughter. The lady was admitted in Osmania general Hospital with serious burn injuries on 07-06-2004. P. W. 8, the XXIII Metropolitan magistrate, Hyderabad recorded the dying declaration of the said woman under Ex. P-10. In the said declaration, Abbasi Begum stated that her husband, the appellant herein, married another woman and thereafter, started neglecting her and her children. She further stated that when she insisted on providing necessary funds for maintenance, he became angry, poured kerosene and set her on fire. According to her, P. W. 1, her sister, who was there with her before the arrival of the appellant, left for Hotel to bring tea and arrived the spot, after the appellant caused burn injuries and ran away. Almost at the same time, her statement was recorded vide Ex. P-7 by the assistant Sub-Inspector of Police, Bhavani nagar Police Station, P. W. 6 and it was treated as complaint. A case was registered. On the same lines, P. W. 7, the S. I. of police recorded another statement under section 161 Cr. P. C. from Abbasi Begum vide ex. P-8. Abbasi Begum died on the same day, late in the night, on account of burn injuries. The provisions of law in the F. I. R. was altered and investigation was taken up. The charges, as indicated above, were framed. The appellant pleaded not guilty and the trial Court convicted and sentencednim for the offence punishable under Section 302 I. P. C

(3.) SRI C. Padmanabha Reddy, the learned senior Counsel for the appellant submits that there are no eye-witnesses to the occurrence and all the circumstantial witnesses, such as p. W. 1 to 5, have turned hostile. He contends that though there are three dying declarations in the form of Exs. P-7, P-8 and P-10, they do not gain the confidence of the Court, in view of the contradictions contained therein. Placing reliance upon the Judgments of the Supreme court in Nallapati Sivaiah v. Sub-Divisional officer, Guntur, A. P. and Sfafe of A. P. v. Shaik Moin and a Judgment rendered by this court in Bhaskarv. Sfafe of A. P. , the learned senior Counsel submits that the dying declarations, in this case, are liable to be discarded from consideration. He contends that the very reason assigned by the trial Court for acquitting the appellant for the charge under Section 498-A I. P. C. , would hold gold for acquitting him of the charge under section 302 I. P. C. also.