SIMANDI YADAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellant was convicted under Sec. 302 of Indian Penal Code and sentenced to life imprisonment. Aggrieved by the said conviction the present appeal was filed.

(2.) Briefly the case of the prosecution is that the appellant is the son of the paternal aunt of the deceased. The deceased lent an amount of Rs.20,000.00 to the appellant and when she asked to return the said amount, a quarrel took place in between them. In the said incident, she felt insulted and poured kerosene on to herself and lit fire. The said incident happened on 29/4/2013 at 08:00 hours. Immediately, PW-1 extinguished the fire and took her to the hospital. The statement of the deceased was recorded by SubInspector of Police, Mahaboobnagar Rural at 10:00 hours on 29/4/2013.

(3.) A requisition was given for recording the dying declaration of the deceased. PW-13/Judicial Magistrate of First Class went to the hospital around 10:20 hours, immediately after statement to the police, the Magistrate recorded the dying declaration Ex.P-14. In the said dying declaration she stated that her father was having two wives and she is the daughter of the second wife. The appellant is the son of the first wife of his father and appellant was due an amount of Rs.20,000.00 to her. When she went to appellant and demanded the amount that was due, the appellant abused her in filthy language and poured kerosene over her and set fire to her. She gave statement voluntarily. Further, PW-13 questioned as to whether she has to state anything else, upon which she stated that the appellant and his wife are responsible for the incident.