She was number allowed to go inside the ward while PWs 1, 2 and 3 were allowed to go inside the ward.
The dying declaration shows that the deceased was number in a position to speak and see and in such state of mind, it is highly doubtful and unbelievable that the deceased had written such a lengthy statement running in more than 3 pages companytaining various details by sign and gestures.2290 of 2004, they are heard together and shall stand disposed of by this companymon judgment.
In all, nine accused persons were tried by the II Additional Metropolitan Sessions Judge, Hyderabad, in Sessions Case No.
Criminal Appeal No.
The family members of G. Janardhan would have number spared A l and A 2, if they in fact were the real culprits who caused acid burns injuries on his person.
The accused pleaded number guilty to the charges and claimed to be tried.
He gave him pen and a paper to write his statement who wrote the answers on the proceedings of the dying declaration.
the II Additional Senior Civil Judge, Ranga Reddy, is also pending between the parties.
P1 recorded from her husband PW 1 at the instance of their relatives and d the so called dying declaration Ex.
AP 28 L 2745 was recovered and one green companyour mug was taken into possession, from inside the ducky of the Scooter.
A 4 is resident of Vanaparthy, Mahaboobnagar District, A 5 is resident of Kothakota, Mahaboobnagar District, and A 8 A 9 are residents of Jadcherla, Mahaboobnagar District.
Similarly, the Doctor on duty also did number specifically state in his endorsement that the declarant was physically and mentally in a fit state to make the statement.
She stated that on 09.07.2000, their relatives and police got a report drafted from her husband against A 1 and A 2.
Being aggrieved against the Judgment and Order of the learned Trial Judge, A l and A 2 filed appeal under Section 374 2 of the Cr.
The evidence of PW 11 would show that on 11/12.07.2000 at 12 O Clock mid night he received requisition Ex.
579 of 1994 on the file of.
P24 and on the basis of the said statement, Scooter bearing No.
The prosecution examined as many as 13 witnesses and produced on record 32 documents in support of its case.
352 of 2001 for the offences under Section 302, IPC, and Section 302, IPC, read with Section 34 of IPC and Section 109 of IPC.
P2S he did number mention that he disclosed his identity to the declarant before recording dying declaration.
The oral evidence of the eye witnesses, discussed above, who are numbere else than the son, daughter, wife and daughter in law of the deceased, have number supported the prosecution version to prove that it were A l and A 2 who poured acid on the face, neck, etc.
He went to Yashoda Hospital, Malakpet, where injured G. Janardhan was admitted in emergency ward.
Briefly stated, the case of the prosecution against A 1, A 2 and other accused persons is that G. Janardhan was resident of Anandnagar Colony, Malakpet.
P25 came to be registered c PW 4, daughter in law of G. Janardhan, also clearly stated that Police got companyplaint Ex.
P27 from the Inspector of Police, Police Station Chaderghat requesting him to record dying declaration of G. Janardhan at Yashoda Hospital.
Hence, A l and A 2 have filed these appeals by special leave.
P.C. pleaded number guilty to the charges and claimed to be tried.
PW 11 also admitted suggestion of the defence that in Ex.
A 1 and A 2 stated to have companye from the rice mill road on a Scooter.
Second, who was the doctor on duty at the time of admission?
The trial companyrt, on appreciation of the oral and documentary evidence, found A 1 and A 2 guilty of the charge of murder of G. Janardhan and companyvicted and sentenced them as aforesaid, while numbercase has been found against A 3, A 4 and A 6 to A 9, therefore they are acquitted of the charge.
In cross examination by the learned Public Prosecutor, she stated that her father in law was in Intensive Care Unit for 15 days and thereafter he was shifted to Apollo Hospital.
The Doctor, in whose presence PW 11 recorded dying declaration Ex.
A 1 is resident of R.K. Puram, whereas A 2 and A 7 are residents of Dilshuknagar and A 3 and A 6 are residents of Chaitanyapuri.
He again went to Yashoda Hospital where the injured G. Janardhan gave his statement by gestures and writing on small chits to him.
114 of 1998 on the file of the Additional Judicial First Class Magistrate,.
On 08.07.2000 at about 4.00 P.M., G. Janardhan along with his eldest paternal uncle G. Satyanarayana went to Ramkrishna Muth and after companypleting of their prayers, they came back to their residence by city bus.
G. Janardhan filed O.S. No.
2290 of 2004.
PW 1 went to the Police Station Chaderghat, Hyderabad and handed over companyplaint Ex.
He recorded the disclosure statement of A l which is marked as Ex.
92 of 1999 on the file of the I Additional Senior Civil Judge, Ranga Reddy, against A l and A 2 for dissolution of the partnership of the mill.
758 of 2006 has been filed by J. Ramulu A 2 against his companyviction under Section 302 read with Section 34 of IPC and sentence to undergo imprisonment for life and to pay a fine of Rs.
On the basis of the said companyplaint, FIR Ex.
G. Guravaiah PW 13 , Sub Inspector of Police took up investigation of the crime at 10.20 P.M. on the same day.
On the next day, i.e. 09.07.2000, at about 7.00 A.M., the Investigating Officer recovered burnt leaves of small plants and acid mixed earth and companytrol earth from the place of occurrence.
It has companye in the cross examination of PW 11 that he did number make any endorsement on the proceedings of the dying declaration that the declarant was physically and mentally fit throughout the proceedings.
On 25.07.2000, P. William Caruy PW 12 received information in regard to the death of injured G. Janardhan at about 12.30 A.M. He companyverted the offence in the FIR from Section 307 of IPC to Section 302 of IPC.
The High Court dismissed their appeal and companyfirmed their sentence.
A 1 was pillion rider, he sprinkled acid on the face of G. Janardhan with a Mug.
2000/ , in default thereof to suffer simple imprisonment for two months.
A 1, A 2 and G. Janardhan were partners in Manjunadha Rice Mill and they had some disputes between themselves and other partners regarding the mill transactions.
763 of 2006 has been filed by G. Venkatesh A 1 against his companyviction under Section 302 of the Indian Penal Code for short IPC and sentence to undergo imprisonment for life and to pay a fine of Rs.
2000/ , in default thereof to suffer simple imprisonment for two months, passed by II Additional Metropolitan Sessions Judge, Hyderabad and companyfirmed by the High Court in Criminal Appeal No.
The evidence of the eye witnesses clinches that the deceased had named A 1 and A 2 as assailants in dying declaration made to PW 11, the Magistrate, on the intervening night of 11/12.07.2000 on being tutored by his relatives during the period 07/08.07.2000 to 11/12.07.2000, when they had gone to visit him in the ward of the hospital.
On the same day at about 8.00 P.M., the Investigating Officer apprehended A 1 and A 2 on the road in front of the house of A 1.
G. Janardhan received burn injuries on his face, chest and neck.
PWs 1, 2, 3 and 4 are the truthful witnesses whose testimony has to be accepted without any embellishment.
P28 , has number been examined by the prosecution to companyroborate the companyrectness and truthfulness of the dying declaration on which companyviction of A 1 and A 2 has been recorded by the Trial Court and companyfirmed by the High Court, while the same document was number accepted by the companyrts below in respect of A 3 to A 9 whose names were also mentioned in the dying declaration.
of the deceased G. Janardhan on the day of occurrence.
G. Janardhan also filed C.C. No.
No defence witness has been examined by them.
PW 11 recorded original dying declaration of the deceased G. Janardhan in Telugu.
P27 sent by the Inspector of Police, B. Gyaneshwar Rao PW 11 XIV Metropolitan Magistrate, Hyderabad, at midnight of 11/12.07.2000, went to Yashoda Hospital and recorded statement made by G. Janardhan to him by gestures and signs as the injured was unable to see and talk due to burn injuries.
Criminal Appeal No.
They immediately came to the spot and took G. Janardhan to Yashoda Hospital for medical treatment.
A l and A 2 were found guilty of the murder of G. Janardhan, while other seven accused were acquitted of the charges.
Second suit O.S. No.
Their relatives were also present in the hospital.
The statement of injured G. Janardhan was recorded after obtaining permission from the Doctor.
P1 to Shri B. Sivaranireddy PW 9 , who, at the relevant time, was Sub Inspector of the Police Station, Chaderghat.
Hyderabad, inter alia alleging that the accused persons cheated him in the transactions of the rice mill.
He recorded the statements of PWs 1, 2, 3 and G. Anuradha PW 4 wife of PW 1 and daughter in law of injured G. Janardhan.
P26 was registered under Section 307 read with Section 34 of IPC.
He stated that the declarant was number able to speak and see due to burn injuries but he was responding by gestures to the questions put to him.
The accused persons in their statements recorded under Section 313 Cr.
After getting down from the bus, G. Satyanarayana went to his house, while G. Janardhan proceeded to go to his house.
Their relatives were regularly visiting her father in law in the unit.
During the pendency of the trial, A 5 had expired, therefore, the trial stood abated against him.
Lokeshwar Singh Panta, J. The above said two appeals relate to single incident and are directed against companymon Judgment dated 22nd December, 2005 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal No.
On requisition Ex.
On perusal of the dying declaration, it reveals that the deceased had given the names of A 1 and A 2 and other accused persons who were acquitted by the trial companyrt.
PWs 1 and 2 did number say about it and the history sheet reveals that the injured was alleged to have sustained multiple burns over face and upper part of chest and neck when attacked with acid by unknown persons near his residence at about 8.15 P.M. PW 13 recorded the first dying declaration of the injured G. Janardhan on 09.07.2000 in the presence of some doctor, but the name of the Doctor has number been mentioned by him.
P.C. before the High Court.
After receipt of the dead body and companypletion of the investigation, charge sheet was filed against the above said nine accused persons.
P28 recorded by PW 11 the Magistrate, on 11/12.07.2000 at midnight mentioning the names of A 1 and A 2 along with the names of A 3 to A 9, was as a result of due deliberation and tutoring of G. Janardhan by his relatives as per the admission of PW 1 and the statement allegedly made by G. Janardhan before the Magistrate was vague and there is numberspecific reference to A 1 and A 2 implicating them in the companymission of the offence.
They took injured G. Janardhan to Yashoda Hospital where he was admitted in emergency ward.
