Murthy Vs. State of A. P  INSC 362 (29 July 1998)
Nanavati, S.P. Kurdukar
appeals are filed against the common judgement and order of the High Court of
Andhra Pradesh Crl. A. No.69/96 and Crl. A. No. 483/96.
court convicted the appellant under Sections 498-A and 304-A and 304-B IPC. in Crl.
Appeal No. 69/96 the appellant challenged his conviction. As he was acquitted
under Section 302 IPC, the State filed Crl. A. No. 483/96.
High Court dismissed the appeal filed by the appellant, allowed the appeal
filed by the State and convicted the appellant for the offence of murder also.
The High Court then observed that when the appellant was convicted for the
offence punishable under Section 302 IPC, the question whether he should also
be convicted for the offence punishable under Section 304-B became academic.
the prosecution case that the appellant committed the death of his wife and
daughter. In order to prove its case. the prosecution had examined 10 eye-
witnesses and produced three dying declarations. PWs 1-10 did into support the
prosecution. The trial court relying upon the three dying declarations
convicted the appellant.
High Court also found that the three dying declaration were genuine and truthful
and relying upon them held the appellant quilty.
is contended by the learned counsel for the appellant is that the dying
declarations - Ex. P. 23 and Ex. P. 33 ought not to have been relied upon as
they contain improvements. He further pointed out that in the last dying
declaration a clear attempt was made to involve the father of the appellant who
has now been acquitted by the High Court. Because of some doubt arising therefrom
the appellant's father was given benefit of doubt. That does not necessarily
mean that it was not genuine. In any case, it does not have nay bearing upon
the genuineness and truthfulness of the first dying declaration -Ex. P. 26,
which was recorded by the Additional First Class Judicial magistrate after
ascertaining the physical and mental fitness of the person making It. In that
declaration she has clearly stated that she was set on fire by her husband.
no reason to discard that dying declaration. In that view of the matter, the
conviction of the appellant has to be confirmed. These appeals, are therefore,