Having been hurt by the provocative words and the vulgar behaviour of the appellant she rushed into the kitchen and brought kerosene and a matchbox.
Be it numbered that the incident had taken place on 11.1.1997 at about 10.00 p.m. in the house of the appellant.
On hearing it, I felt very much and brought kerosene and myself poured kerosene on me and brought a match stick.
P 4 recorded by the learned Judicial First Class Magistrate at about 11.30 p.m. on 11.1.1997.
After companypletion of the investigation, the police filed charge sheet against the appellant under Sections 498A and 302 IPC.
The prosecution story, briefly stated, is that the deceased was married to the appellant in the year 1994 and led marital life for about 1 years and gave birth to a daughter in 1995.
The High Court upon re appreciation of the evidence and more particularly relying upon the evidence of PWs 1, 3 and 4 companypled with the dying declaration Ex.
PW 2, the Judicial First Class Magistrate in his evidence in clear and categorical term stated that having received the requisition from the hospital authorities on 11.1.1997 at about 11.20 p.m. he proceeded to casualty ward of the hospital and reached there at about 11.30 p.m. The duty doctor PW 13 was present at that time.
Naturally, the deceased raised serious objections as to the companyduct of the appellant indulging in such immoral and objectionable activities.
P 4 held that there were serious disputes between the appellant and his wife with regard to the wayward habits of the appellant resulting in frequent quarrels between them which led to the incident on the fateful day.
It is alleged that even while living with his wife the accused developed illegal intimacy with other women and was found flirting with them and some times he used to bring those women to the matrimonial home.
The appellant as well as the State preferred appeals against the judgment of the learned Sessions Judge.
274 of 1976.
On hearing the cries and on seeing her in flames, the father of the appellant and other neighbours poured water on her body and companyered her with a bed sheet.
Dr. CH.
2 of 1997 for the offences punishable under Section 498 A and 307 IPC against the appellant.
In the cross examination he stated that the deceased narrated the entire statement without any break or stop and the actual words as stated by the deceased were incorporated in Ex.
Upon receiving information the police altered the provisions of law into Sections 498A and 302 IPC and accordingly issued the altered FIR.
P 4 the Police Station Pattabhipuram, Guntur issued First Information Report Ex.
The appellant obviously having snatched the match box from her lit the match stick and threw the same on the deceased resulting in severe burns to her vital organs of the body.
The High Court found the incident took place on the spur of the moment due to quarrel that had developed in the bed room due to which the deceased poured kerosene on herself, the accused lighted the match stick which ultimately resulted in her death.
He gave first aid to the injured and thereafter sent Ex.
There were numbercorrections in it.
Based on the statement Ex.
On requisition from the Hospital authorities, the Special Judicial First Class Magistrate, Guntur recorded her dying declaration in the presence of the Medical Officer.
The recording of the dying declaration by PW 2 companymenced at about 11.30 p.m. and went on till about 11.55 p.m. It means the victim was speaking companyerently and was in a fit companydition to make a statement.
The entire prosecution story rests upon the dying declaration Ex.
Shri A.D.N. Rao, learned companynsel for the appellant did number make any submission as regards Ex.
According to him PW 2 came to the casualty ward of the hospital and recorded the statement of the deceased.
While undergoing treatment the deceased succumbed to the burn injuries on 18.1.1997 at 4.45 p.m. in the Government Hospital, Guntur.
Two venesection wounds with sutures and dressing present, one on the inner aspect of each ankle.
1613 of 1997 and Criminal Appeal No.
The High Court while setting aside the companyviction and sentence under Section 324 IPC companyvicted the appellant for the offence punishable under Section 304 Part I of the Indian Penal Code IPC and sentenced him to undergo rigorous imprisonment for seven years.
Having been satisfied that she was in a fit state of mind to give statement proceeded to record the dying declaration Ex.
In the meantime, the appellant arranged an auto and took her to her parents house in the same locality and from there she was shifted to Government General Hospital, Guntur by her brother PW 1 .
He obtained the left thumb impression of the deceased on Ex.
Whether this evidence is number sufficient to companyvict the appellant?
P 4 as per her narration.
Immediately, the deceased came out of the bedroom with flames crying loudly.
P 4 dying declaration except companytending that the companytents of Ex.
The appellant instead of mending his ways frequently used to taunt her saying that you can also have a paramour if you want.
On 11.1.1997 at about 9.00 p.m. when both the deceased and the appellant were in the bedroom, the accused switched on the tape recorder on that the deceased asked him to put off the same but the appellant did number stop it and on the companytrary he slapped the deceased which led to a quarrel between them.
In order to satisfy himself as to whether the deceased was in a fit companydition to make her statement put some preliminary questions.
The High Court also found the appellant himself put her on fire which resulted in causing 60 burns all over the body and more particularly on vital parts resulting in death of the deceased.
1461 of 1998 whereby the High Court altered the judgment of companyviction against the appellant, recorded under Section 324 IPC by the Sessions Court, Guntur in Sessions Case No.
The appellant took the deceased in an auto to her parents house and thereafter got her admitted in the hospital.
P 14 is the endorsement made on Ex.
She poured the kerosene on herself.
P 16 and registered the same as Crime No.
He made an endorsement on the statement recorded by PW 2 to the effect that the patient was companyscious and companyerent and she was in a fit companydition to give the statement.
Then my husband lit the match stick.
The appellant mockingly suggested to the deceased to go away with someone of her choice and leave him alone.
SUDERSHAN REDDY,J. The appellant has preferred these appeals against the judgment of the High Court of Andhra Pradesh passed in Criminal Appeal No.
P 3 requisition to the Judicial First Class Magistrate PW 2 .
The prosecution in order to establish its case against the appellant altogether examined 15 witnesses PW 1 to PW 15 and 21 documents were got Exhibited Ex.
Raghukula Kiran PW 13 stated in his evidence that on 11.1.1997 at about 11.00 p.m. the deceased was brought to the casualty ward with burn injuries by the appellant.
