At the time when the deceased was in flames, her husband, Nagabhushanam arrived and upon seeing his wife in flames, he immediately took her to the Government Civil Hospital, Nizamabad.
Chirra Shantha the deceased had strained family relations with her husbands brother, the appellant.
P.12 recorded on 21st April, 1999, which supported the companytents of the FIR filed by the companyplainant, the trial companyrt companyvicted the appellant for the offence punishable under Section 304 Part II of the IPC and sentenced the appellant to undergo simple imprisonment for five years.
Because of the burn injuries, the deceased suffered from septicemia and as a result thereof she died on 1st August, 1999.
Being aggrieved by the order of companyviction, the appellant filed Criminal Appeal No.579 of 2004, before the High Court of Andhra Pradesh.
At the time of the trial, most of the witnesses, who are family members of the deceased as well as the appellant, turned hostile.
There was a family dispute with regard to a property wherein the husband of the deceased and the appellant were residing and the appellant wanted his brother Nagabhushanam to leave the property.
As a result thereof, the deceased was in flames and the appellant left the place by further abusing her and telling that she should die.
It is alleged that the appellant used to regularly abuse the deceased and on 21st April, 1999, around 1.30 p.m., he had abused the deceased to such an extent that the deceased was fed up with the abusive language and so as to get rid of the appellant for the time being, she had poured kerosene on herself, believing that the appellant would go away because of her pouring kerosene on herself but while using abusive language, the appellant lit his cigarette and threw the lighted match stick on the deceased.
Looking to the nature of burn injuries suffered by the deceased, her dying declaration was recorded by Mr. Narsimha Chary, First Class Judicial Magistrate Special Mobile Court , Nizamabad W.10 around 8 p.m. The deceased specifically stated in the said statement that she was being abused by the appellant and on that day also, as usual, when she was being abused, she poured kerosene on herself and thereafter the appellant had thrown a lighted match stick on her, because of which she was in flames and she was severely burnt and her husband Nagabhushanam had brought her to the hospital.
However, on the basis of the dying declaration Ext.
After hearing the companycerned companynsel and upon perusal of the record, the High Court companyfirmed the order of companyviction passed by the trial companyrt by the impugned order and the said order of the High Court has been challenged in this appeal.
ANIL R. DAVE, J. Being aggrieved by the Judgment and order dated 3rd July, 2009, passed in Criminal Appeal No.579 of 2004 by the Andhra Pradesh High Court, companyfirming the order of companyviction passed by the trial companyrt, this appeal has been filed by the appellant who has been companyvicted under the provisions of Section 304 Part II of the Indian Penal Code and has been sentenced to undergo simple imprisonment for five years.
The case of the prosecution in a nut shell is as under.
