SAMEER ALI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellant was convicted and sentenced to undergo Life Imprisonment under Sec. 302 IPC vide judgment in S.C.No.13 of 2014 dtd. 11/1/2017 passed by the Special Sessions Judge-cum- VII Additional District and Sessions Judge, Mahabubnagar.

(2.) Heard Sri.P.Prabhakar Reddy, learned Counsel appearing for the appellant and Sri D.Arun Kumar, learned Additional Public Prosecutor.

(3.) According to the prosecution on 14/4/2013 around 9:00 p.m., the appellant namely Sameer Ali allegedly poured petrol/kerosene on the deceased and burnt her. She was taken to the hospital. In the hospital, requisition was given by the duty doctor under Ex.P14 to the jurisdictional Magistrate for recording the Dying Declaration. The Magistrate arrived at 10.30 p.m. and recorded the Dying Declaration. The Dying Declaration was recorded after putting preliminary questions. The duty doctor also endorsed that the patient is conscious, coherent and was mentally in a fit status of mind, for recording the statement. After the endorsement of duty doctor, the learned Magistrate-PW.15 started recording the statement in his own handwriting. Initially, before recording the Dying Declaration, 6 questions were put by the learned Magistrate to satisfy himself that she was in a fit state of mind for recording the statement of the deceased, and started recording the statement.