THUMMA PRASAD Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Appeal is preferred against judgment dtd. 23/7/2019 in Sessions Case No.110 of 2019 on the file of the Principal Sessions Judge, Karimnagar, acquitting the appellant for the offence under Sec. 302 IPC, however, convicting the appellant for the offence under Ss. 306 and 498-A of IPC.

(2.) The facts of the case are that the appellant/accused is the husband of the deceased and their marriage took place about 13 years prior to the date of incident. They had two children i.e., one son and one daughter. The appellant was addicted to alcohol and frequently beat the deceased. A complaint was also made to Police, Manakondur Police Station and after counseling, though the appellant under took to look after the deceased, there was no change in the attitude of the accused. On 16/3/2018, the accused came home drunk and abused the deceased as she refused to give money. The deceased brought kerosene Can and placed it in front of the appellant. Around 3.00 p.m, when the deceased said that she was ready to die, the appellant poured kerosene on the deceased and set her on fire. On hearing hue and cry of the deceased, neighbours came to the spot, poured water on her and took her to the Government Hospital, Karimnagar. Initially, crime was registered for the offences under Ss. 307 and 498-A of IPC. At the hospital, the statement of the deceased was recorded by the Sub Inspector of Police, in which she stated as narrated above. On a requisition made by the police under Ex.P9, P.W.16, Additional Judicial Magistrate of First Class, Karimnagar, recorded Dying Declaration (DD) under Ex.P10, at 7.15 P.M i.e., one hour and forty five minutes prior to the recording of the statement by the Sub Inspector under Ex.P16.

(3.) Ex.P10, DD was recorded at 7.15 P.M by P.W.16, in which, P.W.16 asked a question i.e., 'what happened?, to which, the deceased stated as follows;