STATE OF ANDHRA PRADESH Vs. GUNDEKARI YADAGIRI

JUDGEMENT

(1.) This Criminal Appeal is filed against the Judgment dtd. 20/5/2011, in S.C.No.56 of 2010 passed by the learned IV - Additional Sessions Judge (FTC), Warangal.

(2.) The case of the prosecution is that on 13/8/2009, the father of the deceased gave complaint stating that he performed the marriage of his elder daughter Gundekari Rajitha, aged about 28 years as on the date of incident with one Gundekari Yadagiri/accused about 12 years back and they blessed with one son and daughter. His son-in-law was doing Cooli work. About 2 years back, his son-in-law used to pick up quarrel with his daughter and beat her without any valid reason, as such mediation was conducted and elders also advised him not to repeat the same and later about 5 or 6 months back, he kept his daughter and son-in-law in a rented house, even then there is no change in the attitude of the accused. On 13/8/2009, at about 6:30 AM, his grandson namely Raju, aged about 12 years came on to the road and stated that his father poured Kerosene on his mother and set her ablaze. Immediately, he along with some others went there and found his daughter with burn injuries and immediately shifted her to MGM hospital in 108 ambulance. His Son-in-law with an intention to kill his daughter, poured Kerosene and set her to fire. Therefore, requested the Police authorities to initiate action against him. It was received on 13/8/2009 at about 9:00 AM and registered a case in Cr.No.147/2009 under Sec. 307 of IPC and later when she succumbed to injuries, the Sec. of law was altered to 302 of IPC. Dying Declaration was recorded by the Magistrate on 13/8/2009, from 9:55 AM to 10:10 AM.

(3.) To prove the guilt of the accused, prosecution examined P.Ws.1 to 19 and marked Exs.P1 to P10 and also marked Ex.D1, Exs.C1 to C7 and M.Os.1 to 3. The trial Court after considering the oral and documentary evidence, acquitted the accused under Sec. 235(1) of Cr.P.C under Sec. 302 of IPC. Aggrieved by the said judgment, State preferred the present appeal.