LexKUNDULA BALA SUBRAHMANYAM AND ANR. versus STATE OF ANDHRA PRADESH
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A KUNDULA BALA SUBRAHMANYAM AND ANR. v . . STATE OF ANDHRA PRADESH MARCH 26, 1993. B [DR. A.S. ANAND AND N.P. SINGH, JJ.] Evidence Ac4 1872: Section 3-Appreciation of evidence-Criminal trial-Case based on circumstantial evidence-Proof-Court's duty to scm- tinize evidence-Motive, oral dying declarations, medical evidence, conduct C of accused immediately and after the evidence, absconding· of ac- cused-Whether prosecution proved beyond reasonable doubt. D Evidence Ac4 1872: Section 32-Dying declaration-f'roof of-Accep- tance by Court when-More than two dying declarations-Tmstworthy .est-Court's duty. 171e Dowry Prohibition Ac4 1961: Object and purpose of-Cases relat- ing to harassment, torture, abeHed suicides and dowry deaths of young brideS-Causes-Solutions to such situations-court's role what to be. The prosecution case was that on 23.8.1981 between 12-30 - 1.00 p.m., E on hearing screams and cry of the deceased, aged about 18 years, P.W.2 alongwith her father I'W3, and PW4 rushed to the house of the appellant. • They saw the father of appellant No. 1 (father-in-law of the deceased) - alongwith the husband and mother-in-law of the deceased hurriedly com- ing ont of the kitchen while the deceased was lying on the Door engulfed F in Rames. As the appellant No. 1, did not respond to the request of PW2 to give her something to extinguish the fire, PW2 requested the father of the appellant No. 1 to give a bed-sheet or blanket while the father of the appellant No. 1 was passing on a bed sheet to PW2, the appellant No. 2 G (mother-in-law of the deceased) objected. In the meanwhile PW2 took the bed sheet from the rather of the appellant No. 1 and tried t0 extinguish the fire. The deceased asked PW2 for some water. PW3 removed the burning petticoat from t.he body of the deceased to save her from further burning. While doing so be also received some burn injuries. PW2 poured water H into the deceased's mouth and enquired from her as to what had happened. 666 _ _._ K.B. SUBRAHMANYAM v. STATE fi67 The deceased told PW2 that her mother-in- law had poured kerosene over A her and her husband had set fire to her. The deceased asked for more water, which was again given to her by PW2. The deceased's statement made to PW2 was overheard by PW3 PWS and some others who also -,i.. reached the spot on hearing her cries. PWS went away to inform the matenal uncle of the deceased with one B Ramakrishna on his motor cycle. There PWS found PWl, the brother of the deceased and informed about the burning of the deceased and also what he bad beard the deceased telling PW2. PWl reached the house of the appellant with Ramakrishna on his c -~ motor cycle. He saw a number of.persons including PWs 2 and 3 gathered there. The deceased was lying on the Door and she had no clothes on her. PWl noticed that she had received burn injuries from her breasts downwards to her legs. On seeing her plight, PWl started crying and hitting his head against a piller. When the deceased noticed PWl had come, she asked PW2 to bring her brother inside. PWZ went out and D brought PWl to the kitchen. The deceased took the palm of her brother, PWl into her own palms and told him to tell mother and father that her -_>... mother-in-law poured kerosene on her and her husband set her or fire. She requested him that he should not light, "anyhow she was dying." She also told PWl to take back the cash given to her and to divide it amongst E her sisters in equal share and to get them married to nice persons. The appellant No. 1, the husband of the deceased came inside the kitchen with - folded hands and begged her for forgiveness saying that he would not repeat what he had done. PWt got wild and caught hold of the neck of the .__...._ appellant No. 1. PW2 and PW3 rushed towards them and released the F ~ appellant No. 1 from the hold of PWl. They sent PWl to another uncle's house and told the uncle to take care of PWl. When PWl returned to the house of the deceased after one hour he saw that PW6, a local Doctor, was giving first-aid to the deceased and she was lying on a cot in the verandah. PW6 advised at about 3.30 p.m. to remove the deceased to the Government G Hospital. The deceased was brought to the hospital at about 5 p.m. At >--f about 5.30 p.m., PW9, a doctor examined the deceased and declared her dead. PWl along with his uncle went to the Police Station, adjacent to the hospital and lodged the FI
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