THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA Crl.A.M.P.No.1737 of 2010 and CRIMINAL APPEAL No.498 of 2010 JUDGMENT: This appeal is directed against the judgment, dated 17.02.2009, rendered by the III Additional Sessions Judge (Fast Track Court), Asifabad, in Sessions Case No.144 of 2008, whereby the respondent herein-accused was acquitted of the offence punishable under Section 304(B) of Indian Penal Code. On the basis of a report given by the mother of the deceased, who was examined as P.W-1, the Sub- Inspector of Police, Thiryani, registered a case in Crime No.43 of 2007 against the respondent herein-accused for the offence punishable under Section 304(B) IPC and after investigation, a charge sheet was filed before the learned Judicial Magistrate of First Class, Asifabad and the same was numbered as P.R.C.No.22 of 2008 and that, after committal, it was numbered as Sessions Case No.144 of 2008 on the file of the III Additional Sessions Judge (Fast Track Court), Asifabad. The case of the prosecution in brief, as per the charge sheet, is as follows: - On 29.11.2007, at about 9 am., the de facto complainant-P.W-1 gave a report stating that her elder daughter by name Divya, who was given in marriage to the accused, was being harassed by the accused and that, on a couple of occasions i.e., in the years 2004 and 2005, the accused demanded her daughter to bring money or else he would leave her daughter, but, she consoled the accused in the presence of the elders. While so on 23.11.2007, at about 9.30 pm., her daughter poured kerosene on her body and set herself ablaze and while undergoing treatment in the hospital, she died on 25.11.2007. On the basis of the said complaint, a crime was registered against the accused, as stated supra, and was investigated into. After completing all the formalities of investigation, i.e., visiting the scene of offence, conducting inquest panchnama, etc., the charge sheet was filed. During the course of trial, on behalf of the prosecution, P.Ws.1 to 22 were examined and Exs.P-1 to P-16 were marked, besides M.O-1. On behalf of defence, none was examined, but Exs.D-1 and D-2 were marked. Heard learned Public Prosecutor appearing for the appellant-State. The daughter of P.W-1, i.e., the deceased, who died in suspicious circumstances, in her dying declaration- Ex.P-13, clearly stated that she poured kerosene on her body and set herself ablaze. The Junior Civil Judge who recorded the dying declaration of the deceased was examined as P.W-20. He deposed that one Dr.Subramanyam identified and certified that the patient is conscious, coherent and is in a fit state of mind. After ascertaining the said aspect, he conducted preliminary examination of the deceased and thereafter, recorded her dying declaration, which was marked as Ex.P-13. As per the said dying declaration, the deceased poured kerosene on her body and set herself ablaze, as her husband i.e., the accused came in a drunken condition and in that connection serious disputes took place between the deceased and the accused. From the dying declaration-Ex.P-13, it is also clear that the deceased having felt insulted, poured kerosene and burnt herself to commit suicide. From a perusal of the said dying declaration, which was recorded under Section 164 Cr.P.C., it cannot be said or inferred that the unnatural death of the deceased was on account of the harassment for dowry by the accused so as to attract the provisions of Section 304(B) IPC. These aspects were taken into consideration by the trial Judge while acquitting the accused by the impugned judgment and the same appears to be correct. Accordingly, I see no merits in the Criminal Appeal and the same is liable to be rejected. In the result, the Criminal Appeal is rejected, at the stage of admission and Crl.A.M.P.No.1737 of 2010 seeking leave of this Court to present this Criminal Appeal is dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 19th October 2010 dr