JUDGMENT : (K. Suresh Reddy, J.) Sole accused in Sessions Case No.16 of 2015 on the file of the Court of Principal Sessions Judge, East Godavari District at Rajamahendravaram, is the appellant. He was tried by the learned Sessions Judge under two charges. 2. The 1 st charge is under Section 498-A IPC and the 2 nd charge is under Section 302 IPC. 3. Substance of the charge is that prior to 27.06.2014 the accused used to harass his wife by name Duvvati Venkata Lakshmi @ Lakshmi (hereinafter referred to as 'the deceased') subjecting her to cruelty and used to beat her suspecting her fidelity and on 27.06.2014 at about 2.00 P.M. the accused having quarreled with the deceased, poured kerosene on her and set her to fire and while undergoing treatment she succumbed to injuries on 02.07.2014, thereby committed offences punishable under Sections. 498-A and 302 IPC. 4. After completion of trial, learned Sessions Judge while acquitting the appellant under Section 498-A IPC, convicted the accused under Section 302 IPC and sentenced him to suffer imprisonment for 'LIFE' and also to pay fine of Rs.2000/-, in default, to suffer simple imprisonment for a period of three (03) months. Aggrieved by the same, the accused/appellant filed the present appeal. 5. Case of prosecution, as per the evidence of the prosecution witnesses, is as follows:- The accused is none other than the husband of the deceased and they are residents of Undeswarapuram village, Korukonda Mandal. The marriage of the deceased was performed with one Krishna about 25 years prior to the incident. The deceased blessed with a son-P.W.1 and a daughter-P.W.8 through the said Krishna. Due to the disputes, both of them got separated about 15 years back. About two years prior to the date of incident, the deceased got married to the accused. Both the accused and deceased used to eke out their livelihood by attending agricultural coolie works. The accused used to harass and ill-treat the deceased suspecting her fidelity. The deceased is living with accused and P.W.1. The daughter of the deceased got married about two years prior to the date of incident and she was residing with her husband at Korukonda village. While so, on 27.06.2024 at about 2.00 P.M., when P.W.1 was taking lunch, the accused came and abused the deceased in a filthy language. Immediately, P.W.1 left the house without taking lunch. The daughter of the deceased got married about two years prior to the date of incident and she was residing with her husband at Korukonda village. While so, on 27.06.2024 at about 2.00 P.M., when P.W.1 was taking lunch, the accused came and abused the deceased in a filthy language. Immediately, P.W.1 left the house without taking lunch. Thereafter, the deceased informed the accused that she will go to her parents? house at Undeswarapuram village as the accused was harassing her. When she was getting ready to go to her parents? house, the accused took a kerosene bottle lying there, poured on the deceased and set fire to her. Thereafter, the accused put off the flames by pouring water on the deceased and shifted her to Government Hospital, Rajahmundry in an ambulance. P.W.16-A.S.I. Out-post Government Hospital received hospital intimation-Ex.P18 about the admission of the injured at about 9.30 P.M. on the same day. Immediately, he visited the hospital and recorded the statement-Ex.P19 from the injured and forwarded the same to Korukonda Police Station on the point of jurisdiction. P.W.14-S.I. of police, Korukonda Police Station having received Exs.P18 and P19, registered a case in Crime No.191 of 2014 under Section 498-A and 307 IPC and issued copies of the FIR to all the concerned. Ex.P.20 is the FIR. Thereafter, he proceeded to the hospital and recorded the statement of the injured. He also recorded the statement of P.W.1. Thereafter, he went to the scene of offence, secured the presence of mediators and prepared an observation report-Ex.P11 in the presence of P.W.9 and another. He also prepared a rough sketch-Ex.P22 at the scene of offence. He seized M.Os.1 to 4 at the scene of offence under Ex.P11. He also photographed the scene and photographs were marked as Ex.P21. He also recorded the statements of P.Ws.2 to 5. On the same day at about 8.50 P.M., P.W.12-VI Additional Judicial Magistrate of First Class, Rajamahendravaram received hospital intimation-Ex.P16. Having received the said Ex.P16, P.W.12 went to Government District Hospital, Rajamahendravaram and recorded the statement from the injured which was marked as Ex.P17. While undergoing treatment, the injured succumbed to injuries on 02.07.2014 at about 8.30 P.M. P.W.14 received the death intimation- Ex.P23 from the hospital. Having received the death intimation, he altered the FIR from Section 307 to 302 IPC and issued copies of altered FIRs to all the concerned. While undergoing treatment, the injured succumbed to injuries on 02.07.2014 at about 8.30 P.M. P.W.14 received the death intimation- Ex.P23 from the hospital. Having received the death intimation, he altered the FIR from Section 307 to 302 IPC and issued copies of altered FIRs to all the concerned. Ex.P24 is the altered FIR. Having received information from P.W.14, the Inspector of Police, Korukonda Police Station (P.W.15) took up further investigation. On 03.07.2014 P.W.15 sent a requisition to the Tahsildar, Korukonda Mandal (P.W.11) to conduct inquest over the dead body. P.W.11 held inquest over the dead body in the presence of mediators P.W.9 and others. Inquest report is marked as Ex.P12. After inquest, the dead body was forwarded for post-mortem examination. P.W.10-Civil Assistant Surgeon, Government District Hospital, Rajamahendravaram conducted autopsy over the dead body. He opined that the cause of death was “shock due to scepticimia secondary extensive superficial burns amounting to 95 to 98% of total body surface area”. He issued post-mortem certificate-Ex.P14.On 04.07.2014 P.W.15 arrested the accused in the presence of mediators P.W.9 and another under panchanama-Ex.P13. Thereafter, the accused was remanded to judicial custody. After completion of investigation, P.W.15 filed the charge sheet. 6. In support of its case, prosecution examined P.Ws.1 to 15, marked Exs.P1 to P25 and exhibited M.Os.1 to 4. 7. When the accused was examined under Section 313 Cr.P.C., he denied the incriminating evidence found against him. On behalf of defence, no oral evidence was adduced and no documents were marked. 8. Accepting the two dying declarations-Exs.P17 and P19, the learned Sessions Judge convicted the accused as aforesaid. 9. Heard Sri G.Vivekanand, learned counsel for the appellant and Sri M.Venkata Ramana, the learned Additional Public Prosecutor for the respondent-State. 10. We have carefully perused the entire evidence on record. 11. P.W.1 is none other than the son of deceased through her first husband. He did not support the prosecution and he was declared as a hostile. P.Ws.2 to 5 are the neighbours of the deceased and they also did not support the prosecution and they were also declared as hostile. P.W.6 is mother of the deceased. Her evidence is not at all helpful to the prosecution. P.W.7 is the sister of deceased and P.W.8 is the daughter of the deceased. Their evidence is also not at all helpful to the prosecution. P.W.6 is mother of the deceased. Her evidence is not at all helpful to the prosecution. P.W.7 is the sister of deceased and P.W.8 is the daughter of the deceased. Their evidence is also not at all helpful to the prosecution. P.W.9 is the panch witness for arrest of the accused, seizure of material objects and for observation of scene of offence. P.W.10 is doctor who conducted autopsy over the dead body. P.W.11 is the Tahsildar who held inquest over the dead body. P.W.12 is the Magistrate who recorded the dying declaration of the deceased. P.W.13 is the A.S.I Out-post Government Hospital, who recorded the dying declaration from the injured. P.W.14 is the S.I. of police who registered the crime and also who altered the FIR. P.W.15 is the Investigating Officer. 12. Having analyzed the entire evidence on record, there is no oral evidence as the son and neighbours of the deceased turned hostile. The only evidence available on record is two dying declarations i.e., Exs.P17 and P19. Ex.P17 was recorded by P.W.12-VI Additional Judicial Magistrate of First Class, Rajahmundry. Ex.P19 dying declaration was recorded by P.W.13 the A.S.I. Korukonda Police Station. We have carefully analyzed both these dying declarations. There are no inconsistencies in both these dying declarations and the version of the deceased is consistent with regard to cause of death and the manner in which the offence took place. Having analyzed both these dying declarations, we have no hesitation to come to a conclusion that it is the accused who set fire to the deceased. Coming to the nature of offence, admittedly, the incident took place on 27.06.2014 to about 2.00 P.M. Even in the dying declarations, the deceased has specifically stated that the accused put off the flames by pouring water. In these dying declarations, the deceased had also specifically stated that the accused took the injured to the hospital and admitted her. If really the accused has got intention to kill the deceased, he ought not to have poured water and put off the flames. Further, the accused did not bring the kerosene bottle from outside. He picked out the kerosene bottle lying there and poured on her. Though the incident took place on 27.06.2014, the deceased succumbed to injuries on 02.07.2014, i.e., on the 6 th day, of her admission into the hospital. Further, the accused did not bring the kerosene bottle from outside. He picked out the kerosene bottle lying there and poured on her. Though the incident took place on 27.06.2014, the deceased succumbed to injuries on 02.07.2014, i.e., on the 6 th day, of her admission into the hospital. The Doctor-P.W.10, who conducted post- mortem over the dead body was also specifically stated that the cause of death was shock due to septicemia secondary to extensive superficial burns amounting to 95 to 98% of total body surface area. 13. Further, the doctor-P.W.10 who conducted post-mortem examination did not say in his evidence that the burn injuries received by the deceased are sufficient in the ordinary course of nature to cause death. As already pointed, the cause of death was shock due to septicemia secondary to extensive superficial burns. If only proper treatment and medication was given, the injured might have been survived. As already stated, the deceased succumbed to injuries on the 6 th day from the date of her admission into the hospital. 14. In view of the above facts and circumstances, we are inclined to allow the present appeal in part by setting aside the conviction and sentence for the offence under Section 302 IPC, instead the accused is found guilty for the offence under Section 304 Part-II IPC. 15. In the result, the Criminal Appeal is allowed in part setting aside the conviction and sentence recorded against the appellant/accused by the learned Principal Sessions Judge, East Godavari District at Rajamahendravaram in S.C.No.16 of 2015, dated 29.06.2017 under Section 302 IPC, instead the appellant/accused is convicted for the offence punishable under Section 304 Part-II IPC and sentenced him to the period already undergone by him, as he has already served nearly eight (08) years of imprisonment, while maintaining the fine amount. 16. The appellant/accused is set at liberty forthwith if he is not required in connection with any other case or crime. Consequently, miscellaneous petitions, if any, pending shall stand closed.