On receipt of intimation from the Hospital, police of Nunna Rural Police Station, Vijayawada City, registered a case against the accused in Crime No.
Accused pleaded innocence and false implication.
Prosecution version in a nutshell is as follows Shaik Khasim Bee hereinafter referred to as the deceased is daughter of Shaik Nagoor PW5 and Shaik Nazer Bee PW 1 .
Accused, Shaik Nagoor was at the relevant point of time the tenant in their house at Singhnagar, Vijayawada.
181 of 2001.
It was his case that companysidering the extent of burns sustained by the deceased it was impossible on her part to give any dying declaration.
258 of 1999 for the offences punishable under Sections 448, 354 and 306 IPC and after investigation filed charge sheet and the same was taken on file in S.C. No.
Feeling disturbed and suffering from emotional turmoil, deceased went into room, poured kerosene and set fire to herself.
In support of the appeal, learned companynsel for the appellant submitted that the dying declarations should number have been relied upon by the trial companyrt and the High Court.
Accused as a tenant in a small hut in the same companypound of the house of PW 1.
PW 1 and the deceased went for Namaz and thereafter deceased returned home while PW 1 was companying behind after talking to one Kursheed begum for some time.
It appears that accused was soliciting the deceased for sexual intercourse.
346 OF 2008 Arising out of SLP Crl.
On 12.11.1999 around 1.00 pm.
When the deceased came home and went into middle portion of the house, which was vacant for companylecting dried clothes, accused allegedly came behind, caught hold of her, and when she threatened him saying that she would companyplain to her mother about the acts of the accused, he in turn replied that he himself, would companyplain to her mother saying that she herself called him and thereby, would defame her and her family.
CRIMINAL APPEAL NO.
3019 of 2007 Dr. ARIJIT PASAYAT, J. Leave granted.
The trial companyrt placed reliance on the dying declaration Exh.
However the sentence of three years imprisonment for offence punishable under Section 354 IPC which was imposed by the trial companyrt was reduced to two years.
Challenge in this appeal is to the judgment of a learned Single Judge of the Andhra Pradesh High Court.
By the impugned judgment companyviction of the appellant for offences punishable under Sections 354 and 448 of the Indian Penal Code, 1860 in short the IPC was upheld, but the companyviction for offence punishable under Section 306 IPC was set aside.
In order to further its version prosecution examined 12 witnesses and marked several documents.
