Telangana High Court
Konda Reddy Narsingha Rao vs State Of A.P. on 10 August, 2022
Bench: K.Surender
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.781 OF 2009
JUDGMENT:
1. This Criminal Appeal is filed by the appellant/Accused
aggrieved by the conviction recorded by the I Additional
Metropolitan Sessions Judge, Hyderabad, in S.C.No.272 of 2008
dated 10.07.2009, for the offence punishable under Sections 380
of Indian Penal Code, and sentenced to undergo Rigorous
Imprisonment for a period of four years and to pay a fine of
Rs.500/-.
2. The learned Session Judge found the accused guilty of the
offence under Section 380 of IPC, however, acquitted the
appellant of the charges under Section 306, 382 and 509 of IPC.
The State has not preferred any appeal against the acquittal of
the appellant under the aforesaid provisions.
3. The case of the prosecution is that the appellant snatched
an amount of Rs.10,000/- from the deceased. The deceased out
of fear called the police on telephone and informed that the
appellant has snatched the amount and thereafter unable to
bear the insult, the deceased poured Kerosene on herself and set
fire.
4. The witnesses PW1 is house owner of the deceased, PW2-
wife of PW1, PW3 & PW4-neighbours of the deceased have
already turned hostile to the prosecution case and did not state
anything against the appellant.
5. The only evidence on the basis of which the learned
Sessions Judge came to a conclusion of guilt under Section 380
of Indian Penal Code is the Dying Declaration which was
recorded by the Magistrate-PW6 on 09.08.2007.
6. In her Dying Declaration the deceased stated as follows;
"I am married 20 years back my husband is doing agriculture I am
having two children. I kept Rs.10,000/- in the house by baring from
my sister for the purpose of marriage of my daughter. Erukala
Narasing forcibly snatched away that amount for which I lodged
complaint with the police did not move in to the action till 12 noon
he again threatened me to see my end when ever he came out. Due
to that fear I called again Police over telephone he forcibly snatched
the amount which was kept in the house. Due to the that insult
today morning at 12.00 hours, I poured kerosene on my body and
set fire by myself. Erukala Narasing is responsible for the this
incident."
7. On the basis of the aforesaid Dying Declaration, the learned
Sessions Judge concluded that no offence was made out under
Section 306, 382 and 509 of Indian Penal Code, but found the
petitioner guilty for the offence of theft under Section 380 of
Indian Penal Code.
8. The Magistrate-PW6 has taken all the necessary steps and
followed procedure to record the Dying Declaration. The Doctor
had certified that the deceased was conscious, coherent and in
fit state of mind to give her declaration, accordingly, the learned
Magistrate recorded the Dying Declaration.
9. The said Dying Declaration is admissible without there
being any corroboration from independent witnesses. Nothing is
elicited in the cross-examination of PW6-Magistrate to discredit
the statement made by the deceased.
10. In the said circumstances, the conviction recorded by the
learned Sessions Judge, cannot be interfered with.
11. However, since the offence alleged had taken place in the
year 2007 and 15 years have elapsed since the incident took
place, for which reason this Court deems it appropriate to reduce
the sentence of imprisonment under Section 380 of IPC with the
period already undergone.
12. Accordingly, the Criminal Appeal is partly allowed.
_________________
K.SURENDER, J
Date: 10.08.2022
tk
THE HON'BLE SRI JUSTICE K.SURENDER
Crl.A.No.781 of 2009
Dated: 10.08.2022
tk
