1 KSR, J & SRS, J Crl.A.No.379 of 2018 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY, THIS THE TWENTY NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE SPECIAL DIVISION BENCH PRESENT HONOURABLE SRI JUSTICE K SURESH REDDY And HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL No.379 of 2018 JUDGMENT: (per Justice K.Suresh Reddy) Sole accused in S.C.No.63 of 2016 on the file of the Court of VI Additional District and Sessions Judge, Sompeta, Srikakulam District is the appellant. He was tried by the learned Additional District & Sessions Judge, Sompeta, Srikakulam District under two charges: First charge was under Section 498-A IPC and the Second charge was under Section 302 IPC. 2. The substance of the charge is that, on 14.8.2012, the accused having addicted to alcohol, subjected his wife by name Hanumanthu Chandrakala (hereinafter referred to as deceased) to harassment both physically and mentally demanding her to bring additional dowry from her parents house and on 14.8.2012, at about 09.00 a.m. having quarreled with the deceased, the accused poured kerosene on the body of the deceased and set fire to her with a match stick, thereby committed offences punishable under Section 498-A and 302 IPC. 2 KSR, J & SRS, J Crl.A.No.379 of 2018 3. After completion of trial, the learned Additional District & Sessions Judge convicted the accused under Section 302 IPC and sentenced him to suffer Rigorous Imprisonment for „LIFE’ and also to pay a fine of Rs.10,000/- in default to suffer Rigorous Imprisonment for a period of six (06) months. Learned Additional District & Sessions Judge further convicted the accused under Section 498-A IPC and sentenced him to suffer Rigorous Imprisonment for two years and also to pay a fine of Rs.10,000/- in default to suffer Rigorous Imprisonment for six (06) months. Both the substantive sentences were directed to run concurrently. Aggrieved by the same, appellant/accused filed the present appeal. 4. Case of the prosecution as emanated from the prosecution witnesses, briefly, is as follows: i) The accused is a resident of Bendi Village, Vajrapukothuru Mandal. The material prosecution witnesses are residents of Seethapuram Village, Tekkali mandal. P.W.1 is the brother, P.Ws 2 and 3 are son and daughter, P.W.4 and P.W.12 are the sisters and P.W.13 is the mother of the deceased respectively. Father of the deceased was working in Railway Department and they were residing at Railway quarters at Simhachalam. ii) The marriage of the deceased was performed on 09.4.2000 with the accused. At the time of marriage, an amount of Rs.3,00,000/- (Rupees three lakhs only) was paid towards dowry apart from three tulas of Gold. Being dissatisfied with the dowry, the accused used to harass the deceased both physically and mentally right from the beginning. When the deceased 3 KSR, J & SRS, J Crl.A.No.379 of 2018 informed about the harassment, there were disputes between the accused and the prosecution party. iii) The couple blessed with a son P.W.2 and daughter P.W.3. P.W.2 was staying at the house of parents of the deceased and P.W.3 daughter was staying along with deceased and they are studying VII and VI classes respectively. The accused addicted to alcohol and used to harass the deceased. In spite of the advice of the parents of the accused and sisters of the accused, he did not change his attitude. iv) About three years prior to the date of incident, the deceased underwent cancer surgery. Subsequently, the accused went to Hyderabad to eke out his livelihood by doing coolie work. At that time, the deceased resided with her parents. About one month prior to the date of incident, the accused returned from Hyderabad and took the deceased to his village Bendi. v) On 11.8.2012, the deceased went to her parents house and returned on 13.8.2012. On the night of 13.8.2012, the accused having came in drunken state, abused the deceased. On the morning of 14.8.2012, the accused came in drunken state and was abusing the deceased. Suddenly, the accused took out a kerosene tin, poured the kerosene on the deceased and set fire to her with a match stick. Unable to bear the burns, the deceased raised hue and cry and neighbours came there and put off the flames and the accused also poured water and put off the flames. Having 4 KSR, J & SRS, J Crl.A.No.379 of 2018 received the information, P.W.1 brother of the deceased came to the scene of offence and took her to Government Hospital, Palasa in an auto-rickshaw. vi) On the same day at about 4.00 p.m., P.W.16 Tahsildar, Pedagantyada, received intimation from hospital with a request to record dying declaration. Immediately, he went to the hospital at Palasa and recorded statement under Ex.P.19 from the injured. vii) On the same day, P.W.17 having received hospital intimation, went to the hospital and recorded a statement under Ex.P.20 from the injured. viii) On 14.8.2012, at about 5.00 p.m, P.W.14 Sub-Inspector of Police, Vajrapukothuru Police Station received hospital intimation disclosing that the deceased belonging to Bendi Village admitted with burn injuries for treatment. For better treatment, she was shifted to King George Hospital, Visakhapatnam. At about 7.00 p.m, he received statement of the injured and registered a case in Crime No.52/2012 under the head „woman burning‟. Thereafter P.W.14 secured the presence of P.Ws 6 and 7 and visited the scene of offence. He prepared an observation report Ex.P.12 at the scene of offence. He also prepared a rough sketch Ex.P.11 at the scene of offence. He seized M.Os 1 to 3 at the scene of offence. On 19.8.2012, at about 3.00 p.m, P.W.19 recorded statement from the injured which is marked as Ex.P.22. After receiving Ex.P.22, P.W.14 altered the F.I.R from Woman burning to Section 498-A and 307 IPC. Altered F.I.R. is marked as Ex.P.13. On 20.8.2012, he recorded statements of witnesses and also the deceased. On 20.8.2012, he apprehended the accused at his house. Thereafter he was 5 KSR, J & SRS, J Crl.A.No.379 of 2018 produced before the concerned Court who remanded him to judicial custody. While undergoing treatment, the deceased succumbed to injuries on 25.8.2012. On the next day i.e. on 26.8.2012, P.W.1 went to police station and gave a report under Ex.P.1 to P.W.14. Having received Ex.P.1 from P.W.1, P.W.14 altered the F.I.R to Section 302 IPC from Section 307 IPC. Altered F.I.R. is marked as Ex.P.16. Further investigation was handed over to Inspector of Police, Kasibugga Police Station. ix) On 26.8.2012, the Inspector of Police took up investigation and visited King George Hospital, Visakhapatnam. He secured the presence of P.Ws 8 and 9 and held inquest over the dead body of the deceased. Inquest report is marked as Ex.P.6. Thereafter, he sent the dead body for postmortem examination. x) P.W.20, Professor, Andhra Medical College, Visakhapatnam conducted autopsy over the dead body. He found burn injuries on the upper limbs of the body and he did not find any burn injuries on the lower limbs of the body. He opined the cause of death was due to burns. xi) P.W.15 sent the material objects to Forensic Science Laboratory under a letter of advice Ex.P.17. Forensic Science Laboratory report is marked as Ex.P.18. After receipt of all documents and after completion of investigation, P.W.15 filed charge sheet. 5. In support of its case, the prosecution examined P.Ws 1 to 20 marked Exs.P.1 to P.24 and exhibited M.Os 1 to 3. On behalf of defence, Exs.D.1 to D.3 portions of Section 161 Cr.P.C. statements were marked. When the 6 KSR, J & SRS, J Crl.A.No.379 of 2018 accused was examined under Section 313 Cr.P.C. statement, he denied the incriminating evidence appearing against him. Accepting the evidence of prosecution witnesses coupled with Ex.P.22 dying declaration, learned Additional District and Sessions Judge, convicted the accused as aforesaid. 6. Heard Sri G.Vijaya Saradhi, learned counsel for the appellant and Sri Marri Venkata Ramana, learned Additional Public Prosecutor. We have carefully perused and analyzed the entire evidence on record. 7. Admittedly, the first dying declaration was recorded by Tahsildar P.W.16 which is marked as Ex.P.19. P.W.16 in his evidence has categorically stated that after receipt of hospital intimation, he went to Government Hospital, Palasa and recorded statements of the deceased which is marked as Ex.P.19. In Ex.P.19, the injured stated as follows: “ఉదయం 9.౦౦ గంటలకు వత్తుల స్టవ్ పై ఈ రోజు వంట చేయడానికి ప్రయత్ని స్ుండగా కిరోసిన్ వేస్ుండగా అది పెదదగా మండి నేను వేస్కున్ి నైటీ కు అంటుకుని మంటల వలల నా ఒళ్ళు కాలిపోయిన్ది. నేను పెదదగా కేకలు వేస్ుండగా నా భర్ు వచ్చి నీళ్ళల నా పై వేయడం ద్వా రా నా మంటలు చల్లల రినాయి. వీధిలో వాళ్లంతా వచ్చి చూడడం జరిగిన్ది. ఇందులో ఎవరి తప్పు లేదు. కేవలం నేను వంట చేస్ున్ి ప్పు డు జరిగిన్ ప్రమాదం వలన్నే నా ఒళ్ళు కాలిపోయిన్ది తరు ఇందులో ఎల్లంటి తప్పు జర్గలేదు. ఎవరూ భాదుు లు కార్ని తెలియచేస్ునాి ను”. (Morning at 9.00 a.m., with an intention to cook on kerosene wick stove, tried to lit fire, then the flames raise and contacted with my nighty and due to the flames, I received burn injuries on my body. I raised hue and cries. My husband poured water and the flames extinguished. The people nearby came and saw me. No one is responsible for this incident. The incident taken place while I intend to prepare food and I received burn injuries. I am stating that no one is responsible for this incident). 7 KSR, J & SRS, J Crl.A.No.379 of 2018 8. On the same day, P.W.17 Head Constable also recorded another statement from the deceased which is marked as Ex.P.20. P.W.17 in his evidence stated that after receipt of medical intimation from the duty Doctor on 14.8.2012, he went to Government Hospital, Palasa and recorded a statement from the deceased which is marked as Ex.P.20. In Ex.P.20, the deceased has stated as follows: “నాది వప్జప్పకొత్తు రు మండలం లోని బండి గ్రరామము. నేను ఇంటి వదదనే ఉంటునాి ను. ఈరోజు అన్గా తే 14.8.12 ధీ ఉదయం 09.౦౦ గంటల టమయంలో నేను వంట చేయుటకు మా ఇంటి లో గల వత్తుల స్టవ్ వెలిగించ్చనాను. ద్వనిలో కిరోసిన్ అయిపోవటం తో వెలుగుత్తన్ి స్టవ్ లో పోయబోయేటరు టికీ కిరోసిన్ మ0ట పైకి వచేి టప్పు డు నేను భయరడి రకక కి జరిగేటప్పు డు కిరోసిన్ నా ఒంటి మీద రడి నేను కటువకున్ి చీర్కు అంటుకుంది. ఇంట్లల ఆ టమయం లో ఎవరూ లేరు. నేను భయం తో కేకలు వేసేటరు టికీ పైన్ గదిలో రడుకుని ఉన్ి నా భర్ు రరుగెత్తుకుని వచ్చి మంటలు ఆరుు టకు ప్రయత్ని ంచారు. వెంటనే నా భర్ు, నా మరిది, నా తోడికోడలు ఆట్ల లో స్మారు 11.౩౦ గంటలకు రల్లట ప్రభుతా ఆటు త్రరికి తెచ్చి జాయిన్ చేసినారు. నాకు మంటలు అంటుకోవడం లో ఎవరి తప్పు లేదు. నేను వంట చేయుటకు స్టవ్ వెలిగించ్చన్ప్పు డు లేచ్చన్ మంటల వాళ్ు నా శరీర్ం కాలిపోయిన్ది. చదవగా వినాి ను. టరిగా ఉనాి ది.” (I am a resident of Bendi Village of Vajrapukothuru Mandal. I am residing at house. Today i.e. on 14.8.12 morning at 9.00 a.m., with an intention to cook food, I lit fire to the kerosene wick stove. As the kerosene in that stove is low, I am pouring kerosene in that stove and suddenly flames became high and with fear I tried to go aside, then the kerosene fell on my body and my saree caught fire. At that time there is nobody in the house. Due to fear I raised hue and cry and by listening the same, my husband came there and tried to stop the flames on me. Immediately, my husband, my brother-in-law and my sister-in-law, at 11.30 hours, took me to Palasa Government Hospital in an auto. No one is responsible for this incident. The incident taken place while I intend to prepare food and I received burn injuries. Heard when it was read and it is correct.) 8 KSR, J & SRS, J Crl.A.No.379 of 2018 9. On the basis of Ex.P.19 and P.20, a case in Crime No.52/2012 of Vajrapu Kothuru police station was registered under the head woman burning. Thereafter, the prosecution party is silent till 19.8.2012. It is only on 19.8.2012, P.W.19 went to the hospital and recorded a statement from the injured which is marked as Ex.P.22 at about 3.00 p.m. In the third dying declaration, the deceased has altogether changed her version and stated that the accused poured kerosene and set fire to her with a match stick. In Ex.P.22, every detail was given giving a lengthy statement. On the basis of this Ex.P.22, F.I.R was altered to Section 302 IPC. 10. So far as Ex.P.22 is concerned, P.W.14 in his evidence stated that he recorded statement on 19.8.2012 at about 5.00 p.m. In his evidence, P.W.14 further stated that, it is he, who recorded the dying declaration Ex.P.22. It is not clear as to who recorded Ex.P.22 and at what time it was recorded. There is lot of confusion between the evidence of P.W.14 and P.W.19 with regard to recording of Ex.P.22 and also the timing. P.W.14 in his evidence has stated that he recorded dying declaration Ex.P.22 at about 5.00 p.m on 19.8.2012. P.W.19 in his evidence has stated that he recorded Ex.P.22 statement at about 3 p.m. on 19.8.2012. As such there is no clarity as to who recorded Ex.P.22 from the injured. Obviously, Ex.P.22 was introduced belatedly by the prosecution to suite their case. It is only thereafter on 26.8.2012, P.W.1 went to the police station and gave a report Ex.P.1. Till then, the prosecution witnesses were silent and they did not choose to give any report to police. 9 KSR, J & SRS, J Crl.A.No.379 of 2018 11. P.W.15 Inspector of Police, in his evidence has categorically stated that P.W.1 gave Ex.P.1 report on 26.8.2012. It is only thereafter, the evidence of P.Ws 1 to 4, 12 & 13 was developed by introducing oral dying declaration. 12. Having analyzed the evidence of P.Ws 1 to 4, 12 and 13 carefully, we have no hesitation to come to the conclusion that they are belated witnesses and they are giving all together a different story after 26.8.2012. 13. As already pointed out, in the earliest dying declarations, Ex.P.19 and P.20, the deceased has categorically stated that she caught fire accidentally while she was pouring kerosene into the burning stove. This fact has also been corroborated by the medical evidence adduced through P.W.20 who stated in his evidence that the deceased received burn injuries only on the upper limbs and she did not receive any burn injuries in lower limbs. As such the earliest version stated by the deceased in Ex.P.19 and P.20 was corroborated with the medical evidence adduced through P.W.20 coupled with postmortem report Ex.P.24. The evidence of P.Ws 1 to 4, 12 and 13 also suffers from contradictions and omissions. 14. Learned Additional District and Sessions Judge ought not to have rejected Ex.P.19 and P.20 on the ground that initially on the advice of the Doctor, the deceased did not disclose the actual facts as the future of the children will be spoiled. As such it is only on 19.8.2012, the deceased gave real version which cannot be accepted. 10 KSR, J & SRS, J Crl.A.No.379 of 2018 15. P.W.15 in his cross-examination has clearly admitted as follows: “My investigation did not disclose that on the advice of the Doctor at Palasa Government Hospital, the deceased stated that the incident occurred accidentally by litting the kerosene stove.” In view of the clear admission made by the Investigating Officer P.W.15, the so called explanation offered by the prosecution party to explain delay in giving Ex.P.22 cannot be accepted. However, a reading of Ex.P.22 dying declaration would indicate that the deceased could able to give minute details right from the date of her marriage which gives suspicion. As such Ex.P.22 did not inspire confidence of this Court and no reliance can be placed on the same. 16. Further Ex.P.22 was attested by the father of the deceased which throw any amount of suspicion that it is an after thought. The defence also suggested to P.Ws 1 to 4, 12 and 13 that as the accused did not transfer his house property in the name of P.Ws.2 and 3, they changed their version on 19.8.2012 with the help of Ex.P.22. 17. In view of the above facts and circumstances, no reliance can be placed on the evidence of P.Ws 1 to 4, 12, 13 and on Ex.P.22. 18. As already pointed out, the deceased has stated in the earliest dying declarations Ex.P.19 and P.20 that she caught fire accidentally while pouring kerosene into the burning kerosene stove. If really, the accused poured kerosene on the deceased and set fire to her, the deceased ought to have received injuries all over the body. Whereas according to P.W.20, the burn 11 KSR, J & SRS, J Crl.A.No.379 of 2018 injuries are found only on the upper limbs of the body and there are no burn injuries on the lower limbs of the body. 19. In view of the above facts and circumstances, we have no hesitation to come to the conclusion that the earliest versions spoken to by the deceased in Ex.P.19 and 20 are true and correct. So far as the version in Ex.P.1 and Ex.P.22 is concerned it was introduced belatedly by the prosecution party. 20. In the result, the Criminal Appeal is allowed. The conviction and sentence recorded by the learned VI Additional District and Sessions Judge, Sompeta, Srikakulam District S.C.No.63 of 2019 under Sections 498-A and 302 IPC is set aside, and the accused is acquitted accordingly. Since the accused/appellant was released on bail pursuant to the order of this Court dated 23.4.2024 in I.A. No. 01 of 2023, he is directed to surrender before the concerned Court and complete the formalities in terms of the orders of the erstwhile High Court in Batchu Rangarao & Others v. State of A.P1. The fine amount paid, if any, by the accused/appellant shall be refunded. Consequently, miscellaneous petitions, if any, pending shall stand closed. ________________________ JUSTICE K.SURESH REDDY ___________________________ JUSTICE SUBBA REDDY SATTI Date: 29.8.2025 RD 1 (Crl.A.M.P.No.1687 of 2016 in Crl.A.No.607 of 2011) 12 KSR, J & SRS, J Crl.A.No.379 of 2018 HONOURABLE SRI JUSTICE K SURESH REDDY And HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CRIMINAL APPEAL No.379 of 2018 (Per Hon’ble Sri Justice K.Suresh Reddy) Date: 29.8.2025 RD