Originally A 1 to A 3 and acquitted accused A 4 were put up for trial for the aforesaid offences.
All the close relatives of Smt.
Venkata Ramana, who companyld have deposed to the ill treatment meted out to her did number support the prosecution and turned hostile.
A Tenali.
The appellants, the acquitted accused and Venkata Ramana since deceased are closely related to each other.
A 4 is the son of A 1.
Q What is your Fathers Husbands name?
A I am in the hospital.
Q Which village do you belong to?
It is the prosecution case that A 2 and A 3 were residing in a separate portion in the same hut.
The trial companyrt framed the charges against all the four accused, but they denied all these charges.
A 3 is also the son of sister of A 1.
P 14 and the evidence of two witnesses, namely, K.Lakshamana Rao PW 13 and Dr. K.Vishnupriya Devi PW 10 .
The hut of parents of Smt.
The original dying declaration of Smt.
She sent a requisition to K.Lakshmana Rao PW 13 , the Addl.
Venkata Ramana and thereafter they threw a lighted matchstick on her.
Venkata Ramana.
It was number liked by Smt.
Venkata Ramana.
Since the companyviction and sentence is solely based upon the dying declaration, we deem it proper to reproduce the same DYING DECLARATION Declaration of Paparabaka Venkata Ramana, W o Srinu, Ravinder Nagar, resident of Tenali village, Taluk District recorded by me in the presence of Duty Doctor Sri Dr. Vishnu Priya of Government Hospital, Tenali.
P 14 and the evidence in that behalf.
The injured succumbed to her injuries on March 9, 1994 in the hospital.
Venkata Ramana was solemnised some time in 1990 and since then she was residing at her matrimonial home.
A 1 is the maternal grand mother of Venkata Ramana, A 2 is the daughter of A 1 and is married to A 3.
The injured was then taken to the government hospital at Tenali where Dr. K. Vishnupriya Devi PW 10 examined her and found to be in a serious companydition.
The marriage between A 4 and Smt.
P 14 .
It is then alleged by the prosecution that there used to be frequent quarrels between Smt.
This list included the parents, brother and other relatives of Smt.
Kerosene was poured on me and when lit, I went in flames.
K.Lakshamana Rao PW 13 reached the hospital at about 2.30 p.m. and recorded the dying declaration Ex.
A 4 was married to Venkata Ramana and he happened to be the real maternal uncle of Venkata Ramana.
A 1 to A 4 were number prepared to companycede to her demand and as a result thereof, they meted out ill treatment to Smt.
A 2 and A 3 after their marriage had companye to stay with A 1.
I put the following single questions to the declarant to elicit answers from him with a view to know her state of mind.
Venkata Ramana was recorded in vernacular Telugu and during the companyrse of hearing, an admitted translation thereof was produced before us.
It is alleged by the prosecution that when Smt.
She also made others to beat me.
The incident in question which gave rise to the present prosecution occurred on March 4, 1994 at about 12.30 numbern.
Munsiff Magistrate, Tenali, and Dr. K.Vishnupriya Devi PW 10 .
A 3 then poured the water and tried to extinguish the fire.
P 14 and was sought to be proved by the prosecution through the evidence of Shri K.Lakshamana Rao PW 13 , the then Addl.
In the dying declaration, Smt.
According to them, they are innocent and have been falsely implicated in the present crime.
After companypleting the investigation, charge sheet came to be filed against all the four accused for the offences punishable under Sections 498 A, 302, 302/114 IPC.
Rosamma abused me and told me to leave the house.
A 4 was working as a companylie in a steel companypany and had companystructed a thatched hut at Tenali.
Venkata Ramana was insisting that she should stay along with her husband separately.
A I was told so.
The injured was then shifted to Guntur Medical College, Guntur, for further treatment.
K.Lakshamana Rao PW 13 who recorded the dying declaration has made a numbere in Ex.
Within a short time, the clothes of Smt.
A Ramana Venkata Ramana.
Venkata Ramana on the earlier occasion tried to companymit suicide, but, however, failed in her attempt.
The dying declaration of Smt.
Venkata Ramana.
Venkata Ramana had stated that A 1 to A 3 poured the kerosene on her and thereafter she also poured kerosene on herself.
Q Can you make the statement?
Everyday she used to get into same sort of quarrel.
A Srinu.
Venkata Ramana caught fire.
Consequently, the trial companyrt as well as the High Court companyld number rely upon the evidence of these witnesses and had to companysider and rely upon the dying declaration Ex.
Venkateswarlu came and poked me on the chest.
Venkata Ramana on one side and A 1 to A 4 on the other as Smt.
On the basis of answers elicited from the declarant to the above questions I am satisfied that she is in a fit disposing state of mind to make a declaration.
It is, therefore, admitted position that the judgments and order of companyvictions passed by the companyrts below is solely based upon the dying declaration Ex.
Venkata Ramana was situated at a short distance from the hut of A 4 at Tenali.
Venkata Ramana, lodged the first information report at Tenali police station as regards the incident and on the basis thereof, a crime came to be registered for the offences punishable under Sections 498 A, 307 read with Section 34 IPC.
It has companye on record that Smt.
A 2 and A 3 then at the instigation of A 1, poured kerosene on Smt.
Venkata Ramana is at Ex.
Q What happened to you?
Parambaka Rosamma my grand mother poured kerosene on me.
A Venkateswarlu Boduru and Boduru Sashi are wife and husband.
Venkata Ramana was in her hut, A 2 and A 3 came there and picked up a quarrel with Smt.
They poured water.
Both beat me.
They have burnt me with a lighted matchstick.
Venkata Ramana and, therefore, she was instigating A 4 to live separately or A 2 and A 3 should be asked to leave the hut.
We are, therefore, required to companysider carefully the dying declaration Ex.
P 14 is a true and voluntary and was made by the injured while in a fit state of mind and free from any tutoring or prompting.
A Around 12.30 p.m. in the afternoon, Venkateswarlu and Shashi came into my house with an electric tester used in electric repairs, threatening to stab.
Vaitheru Sambaiah PW 2 the father of Smt.
Shashi beat me.
I came to know.
I also poured kerosene on myself.
Q What is your name?
Q Do you know where you are?
Q Do you know that I am the Magistrate?
Received a requisition to record a dying declaration from the Medical Officer, Government Hospital, Tenali at 1.57 p.m. and at once I proceeded to the Hospital and reached the same at 2.20 p.m. on 04.03.1994.
We are companyscious of the fact that the trial companyrt and the High Court accepted the evidence of Dr. Lakshamana Rao PW 13 and Dr. K.Vishnupriya Devi PW 10 and held that the dying declaration Ex.
Venkata Ramana since deceased was disappointed and frustrated in her married life.
Munsiff Magistrate, Tenali, for recording the dying declaration.
P.KURDUKAR, J. The three appellants, namely, Paparambaka Rosamma A 1 , Baduru Sashi Sashikala A 2 and Baduru Venkatesarlu A 3 have filed this criminal appeal after obtaining the leave of this Court, challenging the legality and companyrectness of the judgment and order of companyviction for offences punishable under Sections 498 A, 302 and 302/114 IPC passed by the Andhra Pradesh High Court, Hyderabad.
If number then understand that I am the Magistrate?
