SHAIK CHAND PASHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellant/A1 was convicted for the offence under Sec. 302 IPC and sentenced to life imprisonment vide judgment in S.C.No.374 of 2011 dtd. 29/10/2015 passed by the VIII Additional District and Sessions Judge, at Medak. Questioning the said conviction, present appeal is filed.

(2.) Briefly, the case of the prosecution is that A1 along with A2 to A5 have conspired and murdered the deceased who is the husband of A5. The reason for the murder is that A1/appellant and A5 were having an affair and the deceased objected to it. For the said reason, there was a fight in between the appellant, deceased and A5. The deceased was kidnapped from Lakdikapool by A1 to A4 and put in an auto on 26/12/2010. He was taken near a village in Medak District. The deceased was dragged out of the auto and A1 poured kerosene and set deceased on fire. The said incident was witnessed by P.W.2. Hearing P.W.2 shout and also seeing other villagers, all the accused left. P.W.2 did not identify any of the accused.

(3.) P.W.2 along with other villagers shifted deceased to the Medak Government Hospital. Requisition was given by Sub- Inspector of Police to P.W.3, Tahsildar of Medak, for recording the Dying Declaration of the deceased. Around 9.35 p.m, on the same day, P.W.3 went to the hospital and the duty Doctor/P.W.4 having certified that the deceased was conscious and in a sound state of mind, P.W.3 recorded the statement/ Dying Declaration. In the statement made to P.W.3, the deceased narrated that the appellant was having illicit relation with his wife/A5. A1 and three others kidnapped him and took him to Ralamadugu village, beat him and the appellant poured kerosene and set him ablaze. Hearing the deceased crying, the appellant and others fled. Left thumb impression of the deceased was taken on the Dying Declaration/statement recorded by P.W.3, which is Ex.P2. After recording statement also P.W.4 endorsed that the deceased was in a fit state of mind during the statement being recorded.