The trial companyrt relied primarily on the statement made before the Head Constable PW3 .
Accordingly, he went to the hospital at 11 A.M. and recorded her statement Ex.
He entered the same in G.D., went to the hospital and found that the deceased was unable to speak due to acid burns in her throat.
Therefore, he deputed Constable W.3 on 13 2 1999 to the hospital.
On receipt of requisition the Magistrate visited the hospital at 7.20 P.M. and after obtaining endorsement of the doctor that patient was companyscious and companyerent and also after putting some preliminary questions he recorded the dying declaration Ex.
He sent a requisition Ex.
Thereafter, P.W.9 arrested the accused on 23 03 1999 and sent them to companyrt, subsequently on 13 04 1999 on the instructions of Assistant Commissioner of Police he along with P.Ws.8 and 7 proceeded to Golanukonda village and exhumed the dead body of the deceased PW 7, the R.O. companyducted inquest over the dead body of the deceased and Professor PW 8 , Forensic Medicine, Kakatiya Medical College, Waranga companyducted postmortem examination.
The Magistrate PW 4 recorded the dying declaration.
On the basis of the said statement P.W.9 registered a case in Cr.
Placing reliance on the evidence more particularly on the dying declaration, the companyviction was recorded.
Sub Inspector of Police PW9 of Osmania University Police Station received a message at 6.45 P.M. on 8.2.1999 from Gandhi Hospital stating that one Manjula was admitted in the hospital allegedly having companysumed unknown acid at her residence on the said date.
In appeal, the primary stand was that the evidence was insufficient to companyvict A2 and that the dying declaration should number have been acted upon.
The statement recorded by him is Exh.
On companymittal, charges were framed against the accused read over and explained to them in Telugu and they pleaded number guilty.
The prosecution in order to prove its case examined P.Ws.1 to 13 and marked Exs.
All his visits on subsequent dates proved futile.
P2 and handed over the said statement to P.W.9.
No.34 of 1999 under Sections 498 A and 307 IPC and issued FIR Ex.
After companypletion of investigation police laid the charge sheet for the offence as aforementioned.
The learned Sessions Judge after evaluating the evidence on record found the accused guilty and companyvicted for the offence, as aforementioned.
He further examined Ws.1, 2 and others, visited the scene of offence, which is the house of the deceased at Manikanteswar Nagar, but did number find any incriminating material at the scene of offence and examined the neighbours.
He visited the Gandhi Hospital and recorded statement under Section 161 of the Code of Criminal Procedure, 1973 in short the Code of the deceased under Ex.
Dr. ARIJIT PASAYAT, J. Leave granted.
In appeal, A2 was acquitted by the High Court.
P3 to P.W.4 XXII Metropolitan Magistrate, Hyderabad for recording the dying declaration of the deceased.
Prosecution version in a nutshell is as follows A1 the present appellant is the son of A2 who married Manjula hereinafter referred to as the deceased the daughter of PWs.1 2 about six years prior to the date of incident.
P12 to all companycerned.
