THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7116 of 2011 ORDER: Petitioners approach this Court by invoking the provisions under Section 482 Cr.P.C. with a prayer to quash the proceedings in S.C.No.46 of 2010 on the file of the I Additional District and Sessions Judge, Nizamabad, whereby they are arrayed as accused 4 to 7 for the offence punishable under Sections 498(A) and 304(B) IPC. Petitioners 1 and 2 are sister-in-laws of the deceased and petitioners 3 and 4 are the husband of petitioners 1 and 2 respectively. The learned counsel for the petitioners placed reliance on the dying declaration recorded by the Magistrate, which runs as follows: “Present: Sri K.Janardhan, M.A.,LL.M., II Additional Judicial Magistrate of First Class, Nizamabad. Dying Declaration of Smt.Kavitha, W/o.Srinivas, resident of Railway Quarters, Nizamabad, recorded at the Government Hospital, Nizamabad. I received the requisition from the Hospital at 9.45 a.m. and proceeded to the Government Hospital and reached the same at 10.00 a.m. and recorded the statement of Smt.Kavitha. I put the following simple questions to the declarant to elicit answers from her with a view to know whether she is fit and conscious state of mind to give the statement or not:- 1. What is your name? Ans: Smt.Kavitha. 2. What is your age? Ans: I do not know. I am having two children and 5 months pregnancy. 3. Are you married? Ans: Yes. 4. What is your husband name? Ans: Srinivas. 5. Which is your native place? Ans: Railway quarters, Nizamabad. 6. Now where you are residing? Ans: Government Hospital. 7. What is your occupation? Ans: House wife. 8. Do you know whom I am? Ans: I do not know. I informed her that I am Judge. After the said answers, I also asked the Duty Doctor to give certificate about the state of mind of the declarant. The Duty Doctor examined the declarant and issued the certificate hereunder. The patient was in sound state of mind, conscious and coherent. Sd/-x x x x x, CAS. After my examination and the certificate given by the Doctor, I am satisfied that the declarant is in fit condition and conscious state of mind to give declaration and I proceeded to record the statement in the presence of duty doctor. 9. What happened? How it is happened? Are you say anything? Ans: I went to my parents place yesterday since I came to know that my father received an injury and after having come back, I slept. This morning, I scolded my husband as to why he had asked about my father not being well. Then my husband was not there. I was asked as to who I am to scold my husband. My sister in law’s children Babu and Chinna scolded me in filthy language. When I told it to a lady in front of our house, she left saying that she does not know anything. My aunt poured kerosene, I lit fire to myself. Only my aunt is responsible. I have two children I have five months pregnancy now. My aunt and uncle used to scold me always being drunk. 10. Do you wish to say anything more? Ans: Nothing. RTI of Smt.Kavitha. The contents of the above statement are read over to the deponent and she admitted the same as true and correct. I recorded the above statement of deponent, who is in conscious and in a fit condition to give the same. Nobody was present while recording the statement except the duty doctor. Closed at 10.10 hours. Sd/- x x x x x x x, II Addl.Judl.Magistrate of First Class, Nizamabad.” The dying declaration recorded by the Magistrate clearly indicates that the aunt of the deceased poured kerosene on her and she herself set fire and in the dying declaration, nothing is there to attract Section 304(B) or 498(A) IPC. Another dying declaration discloses the fact that a quarrel took place between the husband of the deceased and mother-in-law in connection with not enquiring the father of the deceased when he sustained an injury. Apart from that nothing is there to suggest that the occurrence took place in connection with demand of dowry or harassment over the same. In the absence of any such allegations, the present proceedings against the petitioners herein amount to abuse of process of law. Hence, this Court has no hesitation to quash the same. Accordingly, the present S.C.No.46 of 2010 on the file of the I Additional District and Sessions Judge, Nizamabad, are hereby quashed against the petitioners. It is submitted by the learned Public Prosecutor that the statement recorded by the police from the victim discloses an offence under Section 304(B) and 498(A) IPC. This Court is of the view that when an earlier statement that too recorded by the learned Magistrate is more authentic in nature that can be believed and subsequent improvements recorded by the Police Officer would be eschewed from the charge sheet. In view of the same, the proceedings are quashed against the petitioners and accordingly, the Criminal Petition is allowed. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _____________________ JUSTICE RAJA ELANGO 17th August 2011, Rns.