LexDASARI PEDA GONDIYYA versus STATION HOUSE OFFICER, JANGREDDYGUDEM
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B [2008] 15 S.C.R. 1094 DASARI PEDA GONDIYYA v. STATION HOUSE OFFICER, JANGREDDYGUDEM (Criminal Appeal No.1162 of 2007) NOVEMBER 12, 2008 [DR. ARIJIT PASAYATAND DR. MUKUNDAKAM SHARMA~ JJ.] Penal Code, 1860 - .s.302 - Homicidaldeath due to C burns - Deceased was mistress of the accused - Multiple dying declarations - Conviction by Courts below - On appeal, held: Deceased gave consistent dying dfJc/arations before her mother, the Manda/ Revenue Officer and the Sub-Inspector __ of Police pointing out that the accused was responsible for her D burns - There were reasons as to why aqcused set her on fire - Factual scenario leaves no manner of-doubt that accused- appellant was responsible for causing homicidal death of the deceased - Conviction . accordingly upheld - Evidence Act, 1872- s.32. E According to the prosecution, Appellant killed his mistress by pouring kerosene oil on her and thereafter setting her on fire. Both Trial Court and High Court convicted the Appellant under s.302 IPC placing reliance upon the dying declarations made by the deceased F before her mother (PW1), the Mandal Revenue Officer (PW6) and the Sub-Inspector of Police (PW10). Hence the present appeal. G H Dismissing the appeal, the Court HELD:1. The dying declarations· given by the deceased to her mother (PW-1 ), the statement recorded by PW-10 and the dying declaration recorded by Mandal Revenue Officer (PW-6) clearly establish that the 1094 DASARJ PEDA GONDIYYA v. STATION HOUSE 1095 ......._ OFFICER, JANGREDDYGUDEM -,._ deceased gave a consistent version in the dying A declarations pointing out that the accused was responsible for her burns. There were reasons as to why accused set her on fire. [Para 3] [1097-H; 1098-A] 2. The factual scenario leaves no manner of doubt B that the accused was responsible for causing homicidal death of the deceased. Judgments of the Trial Court and ""' High Court do not suffer from any infirmity to warrant interference. [Para 4] (1098-B] CRIMINAL APPELLATE JURISDICTION: Criminal Appeal c No. 1162 of 2007. From the final Judgment and Order dated 8.12.2006 of the High Court of Judicature of Andhra Pradesh at Hyderabad in Criminal Appeal No. 942 of 2005. D . -1 Harinder Mohan Singh, Kaushal Yadav, Durgesh Yadav .and Manav Bajaj for the Appellant. Altaf Fathima and D. Bharathi Reddy for the Respondent. The Judgment of the Court was delivered by. E DR. ARIJIT PASAYAT, J. 1. Challenge in this appeal is to the judgment of a Division Bench of the Andhra Pradesh High Court upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 F (in short the 'IPC'). The accused was charged for allegedly killing of Thirupathamma (hereinafter referred to as the 'deceased') by pouring kerosene and burning her at 10.00 p.m. on 29.10.2000 at the house in which she was kept by him as his mistress. G 2. Prosecution version in a nutshell is as follows: The deceased was the wife of one Narsaiah and he left her after the birth of a female child and therefore the deceased H 1096 SUPREME COURT REPORTS [2008] 15 S.C.R. A used to live with her parents. She developed illicit intimacy with the accused three years prior to the date of occurrence. The accused kept the deceased in a thatched hut separately and started living with her. The accused used to drink ID arrack and beat the deceased by suspecting her character. On 29.10.2000 B at about 6.30 p.m. the accused quarrelled with the deceased by suspecting her fidelity, beat her and abused her in filthy language and went away. At about 10.00 p.m. the accused returned to the house in drunken state, picked up the kerosene tin, poured kerosene on the deceased while she was lying on c the cot and set fire to her person and fled away from the house by bolting the door from outside. When the deceased raised cries, the neighbours came there and found the accused running away from the house. They opened the door, extinguished the flames and took the deceased to the hospital. 0 On receipt of requisition from the hospital, the Sub Inspector of Police (PW-10) reached the hospital, recorded the statement of the deceased and registered a crime under Section 307 IPC. The Mandal Revenue Officer recorded the dying declaration of the deceased. Wh.en the motherof the deceased. (PW-1) questioned the deceased she stated that the accused E was responsible for
Excerpt shown. Read the full judgment & AI analysis in Lexace.