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Sec.302 , 498 A I.P.C = F.I.R. to sub inspector that accidentally sari caught with fire of stove = Dying declaration recorded by Magistrate revealed that husband burnt her alive by pouring kerosin = Explanation by parents that F.I.R. statement was given at the instance of accused sister = Conviction is proper = NANDEPU ABRAHAM Appellant (s) VERSUS STATE OF A.P. Respondent(s) = published in http://courtnic.nic.in/supremecourt/qrydisp.asp

F.I.R. to sub inspector that accidentally sari caught with fire of stove = Dying declaration

 

English: The supreme court of india. Taken abo...

English: The supreme court of india. Taken about 170 m from the main building outside the perimeter wall (Photo credit: Wikipedia)

 

recorded by Magistrate revealed that husband burnt her alive by pouring kerosin = Explanation by parents that F.I.R. statement was given at the instance of accused sister = Conviction is proper =

 

‘ PW-8 N. Victor Immanuel, at the relevant time, was working
as Civil Judge (Junior Division)-cum- Judicial Magistrate, First
Class, Podili. In his evidence, he has stated that on 12.04.2004
while he was holding Court at Darsi, he received a requisition
from the Community Health Centre at 1:15 p.m. for recording the
dying declaration. On receipt of the aforesaid requisition,
according to this witness, he proceeded to the hospital and
found the deceased lying on a cot in the general ward of the
hospital. He asked all the persons present there excepting the
duty Doctor to leave the place. This witness has further stated
that he put simple and initial questions to the deceased and
from the answers elicited from her he was satisfied that the
declarant was in a fit state of mind to give declaration.
According to him, the Doctor present there gave the certificate
about the fitness of the declarant to make declaration. She
disclosed that while she was preparing food, her husband
(appellant herein), brought kerosene tin, sprinkled the kerosene
and set her on fire with match stick. In the dying declaration,
she had further stated that her husband had set her on fire as
he wanted to marry another woman. After the dying declaration
was recorded, the Doctor gave certificate that the declarant was
in a fit state of mind while making the declaration.
PW-7 Dr. Anand Babu G. was working as Civil Assistant
Surgeon in the said hospital at the relevant time and he has
stated that he was present while the Judicial Magistrate, First
Class was recording the dying declaration. He deposed that
before recording the dying declaration, he saw the declarant and
found her to be in a fit state of mind to make declaration and,
accordingly, made endorsement that “the patient is conscious and
coherent and giving answers to the questions.” He had further
stated that on completion of the recording of the dying
declaration he further certified that “the patient is physically
and mentally fit while giving statement”.
Besides the aforesaid dying declaration, the deceased has
given oral dying declaration before PW-1 Yadhanapudi Gangamma,
her mother and PW-2, Yadhanapudi Chinna David, her brother. Both
of them have stated in their evidence that when they met the
deceased in the hospital and asked as to how she had suffered
burn injury, the deceased narrated that while she was cooking
food, the appellant came from behind, pour kerosene on her and
set her on fire. Both the witnesses have further stated that the
statement which she had given before the Sub-Inspector of Police
was at the instance of the sister of the accused.
From the facts narrated above, it is evident that the
deceased was in a fit state of mind to give the dying
declaration. The dying declaration had been recorded by the
Judicial Magistrate, First Class. It is voluntary in nature and
there is no reason to discard this dying declaration. Not only
this, there is dying declaration given by the deceased before
her mother (PW-1) and brother (PW-2). Further, the circumstances
under which the dying declaration recorded by the Sub-Inspector
of Police has also been explained.
In the face of what we have observed hereinabove, there is
no reason to discard the dying declaration recorded by the
Judicial Magistrate, First Class and further the oral dying
declaration given by the deceased before her mother (PW-1) and
brother(PW-2). We are of the considered opinion that the
prosecution has brought home the case beyond all reasonable
doubts and the appellant is rightly convicted and sentenced, as
above.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1954 OF 2010

NANDEPU ABRAHAM … APPELLANT

VERSUS

STATE OF A.P. … RESPONDENT

O R D E R

The appellant was put on trial for commission of the
offence under Section 302 and 498-A of the Indian Penal Code
(“IPC” for short). Sixth Additional District and Sessions Judge,
Markapur, by the judgment and order dated 3.10.2006 passed in
Sessions Case No. 286 of 2004 held him guilty and sentenced him
to undergo imprisonment for life and to pay a fine of Rs. 200/-,
in default, to undergo rigorous imprisonment for three months
for the offence punishable under Section 302 of the IPC and also
sentenced him to undergo rigorous imprisonment for a period of
two years and a fine of Rs. 200/-, in default, to
undergo simple imprisonment for three months for the offence
punishable under Section 498-A of the IPC.
Aggrieved by the same, the appellant preferred an appeal
and the High Court by its impugned judgment dated 22.10.2009
passed in Criminal Appeal No. 246 of 2007 maintained his
conviction and sentence and dismissed the appeal. This is how,
the appellant is before us with the leave of the Court.
According to the prosecution, the appellant happened to be
the husband of the deceased Nandepu Roothamma. Marriage between
them had taken place eight years prior to the date of the
incident, i.e., 12.04.2004 and had two children. It is alleged
that the appellant was suspecting the fidelity of the deceased
and contemplating to marry another woman. It is alleged that on
12.04.2004 at about 0600 hrs. while the deceased was cooking
food, the appellant poured kerosene and set her on fire.
Thereafter, he escaped from the house. The deceased was brought
to the Community Health Centre, Darsi. PW-6 Dr. N.B.
Ramakoteshwara Rao, who was working as Civil Assistant Surgeon
in the said Centre informed the Station House Officer, Darsi
about the admission of the deceased with burn injury. The
S.H.O., Darsi came to the Centre and recorded the statement of
the deceased which is marked as Exhibit P-12. According to the
said statement, she was married to the appellant about eight
years back and had two children. Further, according to the said
oral statement, when the deceased was preparing rice on the
kerosene stove, while pouring kerosene oil in the stove, her
saree came into contact with the flames and that had caused burn
injury. She had further stated that her husband, the appellant
herein, was not in the house at that particular time. The
aforesaid information was forwarded to the A.S.I. of Police,
Kurichedu Police Station and on that basis Crime No. 48 of 2004
was registered under the head “Women burns”. However,
during the course of the investigation, it transpired that the
appellant had set on fire the deceased and, he was chargesheeted
for offence under Section 498-A and 302 of the IPC and
ultimately committed to the Court of Sessions to face the trial.

There is no eye-witness to the occurrence and the
conviction is based on the dying declaration recorded by PW-8 N.
Victor Immanuel, Judicial Magistrate, First Class, as also the
oral dying declaration given by the deceased before PW-1
Yadhanapudi Gangamma, her mother and PW-2, Yadhanapudi Chinna
David, her brother.
It is relevant here to state that the earlier statement,
Exhibit P-12, given by the deceased and recorded by the Sub-
Inspector of Police, on account of the death of the informant,
has been treated as dying declaration.
Mr. Harendra Singh, learned counsel appearing on behalf of
the appellant submits that from the dying declaration recorded
by the Sub-Inspector of Police it is evident that the deceased
met with an accidental death and, therefore, his conviction is
fit to be set aside.
Per contra, Mr. D. Mahesh Babu, learned counsel appearing
on behalf of the respondent-State, submits that the dying
declaration, Exhibit P-11, recorded by PW-8 N. Victor Immanuel,
Judicial Magistrate, First Class as also the oral dying
declaration given by the deceased to her mother (PW-1) and her
brother (PW-2) are sufficient to maintain the appellant’s
conviction.
We have considered the rival submissions and we do not find
any substance in the submissions of Mr. Harender Singh.
PW-8 N. Victor Immanuel, at the relevant time, was working
as Civil Judge (Junior Division)-cum- Judicial Magistrate, First
Class, Podili. In his evidence, he has stated that on 12.04.2004
while he was holding Court at Darsi, he received a requisition
from the Community Health Centre at 1:15 p.m. for recording the
dying declaration. On receipt of the aforesaid requisition,
according to this witness, he proceeded to the hospital and
found the deceased lying on a cot in the general ward of the
hospital. He asked all the persons present there excepting the
duty Doctor to leave the place. This witness has further stated
that he put simple and initial questions to the deceased and
from the answers elicited from her he was satisfied that the
declarant was in a fit state of mind to give declaration.
According to him, the Doctor present there gave the certificate
about the fitness of the declarant to make declaration. She
disclosed that while she was preparing food, her husband
(appellant herein), brought kerosene tin, sprinkled the kerosene
and set her on fire with match stick. In the dying declaration,
she had further stated that her husband had set her on fire as
he wanted to marry another woman. After the dying declaration
was recorded, the Doctor gave certificate that the declarant was
in a fit state of mind while making the declaration.
PW-7 Dr. Anand Babu G. was working as Civil Assistant
Surgeon in the said hospital at the relevant time and he has
stated that he was present while the Judicial Magistrate, First
Class was recording the dying declaration. He deposed that
before recording the dying declaration, he saw the declarant and
found her to be in a fit state of mind to make declaration and,
accordingly, made endorsement that “the patient is conscious and
coherent and giving answers to the questions.” He had further
stated that on completion of the recording of the dying
declaration he further certified that “the patient is physically
and mentally fit while giving statement”.
Besides the aforesaid dying declaration, the deceased has
given oral dying declaration before PW-1 Yadhanapudi Gangamma,
her mother and PW-2, Yadhanapudi Chinna David, her brother. Both
of them have stated in their evidence that when they met the
deceased in the hospital and asked as to how she had suffered
burn injury, the deceased narrated that while she was cooking
food, the appellant came from behind, pour kerosene on her and
set her on fire. Both the witnesses have further stated that the
statement which she had given before the Sub-Inspector of Police
was at the instance of the sister of the accused.
From the facts narrated above, it is evident that the
deceased was in a fit state of mind to give the dying
declaration. The dying declaration had been recorded by the
Judicial Magistrate, First Class. It is voluntary in nature and
there is no reason to discard this dying declaration. Not only
this, there is dying declaration given by the deceased before
her mother (PW-1) and brother (PW-2). Further, the circumstances
under which the dying declaration recorded by the Sub-Inspector
of Police has also been explained.
In the face of what we have observed hereinabove, there is
no reason to discard the dying declaration recorded by the
Judicial Magistrate, First Class and further the oral dying
declaration given by the deceased before her mother (PW-1) and
brother(PW-2). We are of the considered opinion that the
prosecution has brought home the case beyond all reasonable
doubts and the appellant is rightly convicted and sentenced, as
above.
In the result, we do not find any merit in this appeal and
it is dismissed accordingly.

……………………..J.
(CHANDRAMAULI KR. PRASAD)

……………………..J.
(JAGDISH SINGH KHEHAR)
New Delhi; the
November 13, 2013

ITEM NO.104 COURT NO.10 SECTION II

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CRIMINAL APPEAL NO(s). 1954 OF 2010

NANDEPU ABRAHAM Appellant (s)

VERSUS

STATE OF A.P. Respondent(s)
(With appln(s) for c/delay in filing SLP)

Date: 13/11/2013 This Appeal was called on for hearing today.

CORAM :
HON’BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD
HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR

For Appellant(s) Mr. Harendra Singh, Adv.
Mr. Kuldip Singh,Adv.

For Respondent(s) Mr. D. Mahesh Babu,Adv.

UPON hearing counsel the Court made the following
O R D E R

Delay condoned.
The appeal is dismissed in terms of the signed order.

| (S.K. Rakheja) | |(Saroj Saini) |
|Court Master | |Court Master |

(Signed order is placed on the file)

 

 

 

 

 

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