During the companyrse of trial most of the prosecution witnesses including the parents of the deceased PWs.6 and 7 did number support the prosecution and were declared hostile.
As per the prosecution story, on the night of 25th October, 1998 Sura Reddi had beaten the deceased and at about 8.30 on the next day when the deceased was taking her clothes out of the cupboard, the appellant herein poured kerosene oil on her body whereafter both the accused set her on fire.
On the companypletion of the investigation Sura Reddi aforesaid and the appellant Samrajyam were brought to trial.
On hearing the cry of the deceased, Sura Reddi aforesaid and the neighbours who had been attracted to the place put out the fire and shifted her to the Government Hospital where her statement was recorded by PW.16 Head Constable at 10.15 a.m. and on its basis the FIR was duly registered.
About 24 years earlier on account of a dispute between the companyple, Sura Reddi had deserted her and started living with the appellant, Samrajyam as a second wife.
2 The dying declaration was recorded on the same day by PW.19 M. Rama Devi.
The present appeal is before us by way of special leave.
The deceased Mudusu Bhadramma was the first wife of Mudusu Sura Reddi.
The relations between the first and second wife were, as expected, strained.
In this statement, as well, the deceased named the appellant herein as the perpetrator of the crime.
The appeal filed by the appellant before the High Court was dismissed.
Ms. T.Anamika, the learned companynsel for the appellant has pointed out that the entire prosecution story would rest on the two dying declarations, one recorded by the Head 3 Constable and other by the Magistrate and if a doubt was created as to their veracity, the entire prosecution story would fail.
The Doctor found 70 80 second degree ante mortem burn injuries from the neck to the knees and opined that the cause of death was shock due to ante mortem burn injuries.
She has pointed out that there were huge improvements in the second dying declaration recorded by the Magistrate vis a vis the first one and this by itself caused suspicion warranting the rejection of both the dying declarations.
The injured died on 26 th of October, 1998, and the dead body was subjected to a post mortem examination on the afternoon of the 27th October, 1998.
The attending Doctor also sent a message to the police station and the police arranged for a Magistrate to record the dying declaration of the deceased.
