G.V. Raman, PW 16 police Head Constable deposed that he was present in the police station when Venkateswari, PW 2 came on 4.2.1984 at about 11.30 PM and informed about the incident.
K. Pullarao, PW 4 is also a tenant of the same land lady in the eastern portion of the same house who though turned hostile yet admitted that the police had recorded the statement of the deceased girl to the effect that the appellant had poured kerosene on her and lit her clothes.
P 5 was number worthy of reliance as the same was made after deliberations and tutoring the deceased.
P 16 of the injured Nageswarl under Section 161 of the Cr.
Learned companynsel for the appellant submitted that the alleged dying declaration Ext.
Dr. K. Ramalingeswara Rao, PW 13 admitted the injured Nageswari in the hospital and gave the treatment for her burn injuries.
She further stated that on the same night the land lady Guramma and her daughter in law Sitalakshmi, the wife of the appellant came to her, abused her and demanded Rs.
He stated that when he went to the house of PW 1 and 9 he found that PW 1 was abusing his wife and mother in law and the deceased was in flames and, therefore he returned back to his house.
P 5 was recorded by the Head Constable, PW 16.
However, the High Court on analysing the entire prosecution evidence and on overall companysideration of the facts of the case accepted the evidence on record of PW 1 to 9 as well as the declaration, Ext.
When her husband came home in the afternoon she informed him that the land lady was demanding Rs.
P 5 recorded by the Head Constable, PW 16 and on that basis recorded the finding that there was sufficient reliable evidence establishing the guilt of the accused appellant, and, therefore, set aside the order of acquittal and companyvicted the appellant under Section 302, I.P.C. and sentenced him to undergo life imprisonment against which this appeal has been preferred.
On hearing her cries, PW 1, Seelam Narasayamma , PW 2 Venkateswari, another daughter elder to the deceased as well as her son Srinivasarao, PW 3 rushed to the backyard through eastern lane which is said to be more companyvenient to reach to the backyard and found the deceased in flames.
It was submitted that the dying declaration Ext.
In the opinion of doctor B.N. Sastry, Nageswari died of circulatory failure and shock due to burns.
The prosecution case was that the deceased girl Seelam Nageswari aged about 16 years was residing with her parents in the eastern portion of the house situated in Kondawari Lane belonging to Smt.
P. 5 recorded by the Head Constable, PW 16.
P 5 as was stated by the injured girl Nageswari which was read over to her and thereafter obtained her thumb impression.
P 5 which was attested by Seelam Apparao, PW 7 and Palika Apparao, PW 8 who were present there at the time of recording the statement Ext.
The Head Constable, PW 16 then sent the injured Nageswari to the Government Hospital Rajahmundry for treatment and register ing the crime against the appellant.
Seelam Narasayamma, PW 1 W o Venkateshwarlu, PW 9, the mother of the deceased girl sent Rs.
The same day at about 8.00 PM the land lady Guramma and her daughter Sitalakshmi, the wife of the accused appellant came to the house of PW 1 and demanded the rent at the rate of Rs.
This Criminal Appeal under Section 2 A of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 has been directed against the reversing judgment of the High Court of Andhra Pradesh passed in Criminal Appeal No.
After giving a serious companysideration to the submissions made above and on a close analysis of the evidence on record companycerning the dying declaration Ext.
Venkateshwarlu PW 2 the elder sister of the deceased and her brother Srinivasarao, PW 3 went to the Police Station to report the incident.
There is numberhing in their statements which may discredit their testimony.
P 5 of injured Nageswari and obtained her thumb impression on the same which was attested by the witnesses present there.
Satnibabu, PW 18, the Sub Inspector held inquest over the dead body and sent the dead body for postmortem examination.
She stated that soon after the occurrence she went to the police station and informed about the incident and immediately thereafter police came to the house and recorded the statement of the deceased Nageswari in the presence of family members and others and that the injured Nageswari had put her thumb impression on her statement recorded by the police.
P.C. The injured Nageswari died in the hospital next day in the morning.
She requested them to wait till the arrival of her husband and when they were so talking, her daughter Nageswari was sitting in the backyard The accused appellant also came there abusing in loud voice and demanded immediate payment of rent at the rate of Rs.
120/ towards the house rent for the month of January, 1984 through her son Srinivasarao, PW 3 to the land lady , the mother in law of the appellant but she declined to receive the same saying that the rent was enhanced to Rs.
Seelam Apparao, PW 7 also deposed that the police had recorded the statement of injured Nageswari in his presence which was attested by him.
The appellant also threatened to remove their household articles and threw them in the Bazar and remove the tiles of the portion of the house occupied by him.
They questioned Nageswari who was companyscious as to what had happened, to which she stated that the appellant came there abusing and when he was about to remove the articles to throw them away, she obstructed him to do so and then the appellant went into the kitchen, brought a kerosene tin, and poured it on her body and set fire to her with a match stick.
P 5 said to have been recorded by the Head Constable, PW 16 is neither recorded by a doctor number any Magistrate was requisitioned to record the same number it is in the question answer form.
324/1985 setting aside the order of acquittal of the appellant dated 31.10.84 for an offence under Section 302 of the I.P.C., recorded by the Session Judge, East Godawari Division at Rajahmundry in Session Case No.
150/ and both of them are said to have abused the family members of PW 1, Seelam Narasayamma who requested them number to abuse and wait till the return of her husband to the house as she was number having the money to pay.
In the aftemoon when Venkateswarlu, PW 9, the husband of PW 1 came home he was informed that the land lady had number accepted Rs.
He took plea that he had learnt that the deceased had become pregnant and her parents, PW1 and PW 9 managed her abortion secretly and when her mother in law learnt about it she asked them to vacate the portion of the house occupied by them as a result of which there was an altercation between his mother in law and the deceased regarding the bad character of the deceased.
Saying so the appellant went to the backyard of the house through the eastern lane while the land lady and her daughter inlaw companytinued to abuse PW 1 and her family members standing in front of the house.
As discussed earlier Pullarao, PW 4, Seelam Apparao, PW 7, Palika Apparao, PW 8 and the father of the girl Seelam Venkateswarlu, PW 9 who had also returned home in the mean while have all deposed the same way.
P 5 we find that the reasons given by the High Court in ac cepting the evidence with regard to the dying declaration Ext.
Mathineni Guramma, the mother in law of the accused appellant.
150/ .
Dr. B.N. Sastry, PW 15, the Deputy Civil Surgeon performed autopsy over the dead body of Nageswasri and as per his post mortem report, Ext.
They poured water on Nageswari and extinguished the fire.
Head Constable, G.V. Raman, PW 16 who recorded the dying declaration deposed that he recorded Ext.
He Submitted that in the dying declaration there is numbermention that the deceased had obstructed the appellant from throwing the articles and removing the tiles of the house before she was set on fire and the dying declaration is against the natural companyduct in as much as the deceased would have escaped by running away when kerosene was poured on her and before the match stick was lit to set fire on her.
PW 1 heard the cries of her deceased daughter, Nageswari from the backyard.
As Nageswari was number in a position to sign due to bum injuries the Head Constable, PW 16 obtained her thumb impression on Ext.
He stated that he had recorded the statement Ext.
Similar is the statement of Balika Apparao, PW 8 who had also attested the statement of the de ceased recorded by the Head Constable, PW 16.
In the mean while the appellant also arrived there and started showering abuses in raised voice and demanded the immediate payment of rent at Rs.
The said portion of the house was obtained by the parents of the deceased girl on a monthly rent of Rs.
120/ about four months prior to the occurrence and the land lady was demanding higher rent at the rate of Rs.
120/ as rent for January, 1984 and was demanding enhanced rent at the rate of Rs.
He then proceeded to the place of occurrence and recorded the statement Ext.
He stated that after recording the statement it was read over to the injured girl who had affixed her thumb impression on the same.
150/ even without waiting the return of the husband of Seelam Narasayamma, PW 1.
He admitted that injured Nageswari was lying on a company and talking in a low voice.
It was urged by him that in fact the deceased was an unmarried girl but became pregnant and her parents PW1 and 9 arranged her abortion secretly which became known to the mother in law of the appellant and, therefore, she asked them to vacate the portion for which there was an exchange of hot words between them by reason of which the deceased made a bid to end her life by companymitting suicide by setting fire to herself to avoid the family scandal and to save themselves from penal companysequences, the family members of the deceased foisted the blame falsely on the appellant after due deliberations.
150/ and, therefore, Rs.
At that point of time the deceased Nageswari was stitching fall to a saree sitting in the backyard of the tenanted house.
P 5 according to the narration of facts as stated by the injured girl Nageswari.
It is said that in the morning of 4.2.1984 Smt.
150/ per month.
150/ per month.
K. Pullarao, PW 4 and Palika Apparao, PW 8 are independent witnesses and PW 4 to some extent had become hostile and, therefore, it companyld number be expected that in case the deceased was tutored by the family members or the close relatives these persons would number have raised their voice and protested the same.
50/1984.
In the mean while the appellant rushed back and pushing them aside and went away.
30/ more should be paid.
On receiving the information, Head Constable, G.V. Raman PW 16 came to the place of occurrence and recorded the statement Ext P 5 of injured Nageswari.
P 5 are quite reasonable and weighty as companypared to the companyclusions recorded by the learned Trial Judge which is totally against the weight of the evidence.
Learned companynsel for the appellant assailed the findings of the High Court with regard to the dying declaration Ext.
Seelam Venkateswari, PW 2 is the elder sister of the deceased.
At the trial the appellant pleaded to be innocent and stated that he was falsely implicated.
P.C. He also examined Seelam Narasayamma, PW 1 Venkateswari, PW 2 and Srinivasarao, PW 3 as well as PWs 4 to 9 under Section 161, Cr.
P 16 the doctor found 90 per cent bum injuries all over the body.
30/ more.
None of these witnesses were cross examined on behalf of the appellant on the allegations that the injured Nageswari was tutored at any point of time by any one before her statement Ext.
He stated that he had learnt that Nageswari had set fire to herself but in order to save themselves from the penal companysequences for the offence of attempt to companymit suicide by the deceased and with a view to companyceal the family scandal PW 1 to 3 as well as PW 7 to 9 after mutual deliberations implicated the appellant falsely.
After evaluation of the entire prosecution evidence the learned Trial Judge rejected all the dying declarations made by the deceased and also rejected the oral evidence adduced by the prosecution and recorded the finding that the appellant was innocent and, therefore, passed the order of acquittal.
Dr. Ramalingeswara Rao, PW 13 is also said to have recorded the state0ment of Nageswari which was marked as Ext.
On receiving the First Information Report the Assistant Sub Inspector, M.Koteswararao, PW 17 also reached the hospital where he recorded the Statement Ext.
