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Supreme Court Of India
B.N. AGRAWAL, P.P. NAOLEKAR AND B. SUDERSHAN REDDY, JJ.
BANDI CHANDRAIAH - Appellant
Versus
STATE REPRESENTED BY ITS S.H.O., A.P. - Respondent
Criminal Appeal No. 1102 of 2000
Decided on March 22, 2007
Conviction - Dying Declarations - Upholding of Conviction based on Consistent Dying Declarations
Fact of the Case:
The appellant was convicted under Section 304 Part II of the Penal Code and sentenced to five years of rigorous imprisonment. The High Court confirmed the conviction based on three consistent dying declarations.
Finding of the Court:
The High Court was justified in upholding the appellant's conviction as the three dying declarations were consistent, and no ground for interference was made out.
Issues: Conviction under Section 304 Part II of the Penal Code, validity of dying declarations
Ratio Decidendi: Consistency of dying declarations as a basis for upholding conviction
Final Decision: The criminal appeal failed, and the appellant's conviction was upheld.
ORDER
1.Heard the learned counsel for the parties.
2. The sole appellant was convicted by the trial court under Section 304 Part II of the Penal Code and sentenced to undergo rigorous imprisonment for a period of five years. On appeal being preferred, the High Court confirmed his conviction. Hence, this appeal by special leave.
3. The conviction of the appellant is based upon three dying declarations;
one recorded by the police at the earliest point of time, the second by the Revenue MandaI Officer; and the third by the Magistrate. All the three dying declarations are consistent. In our view, the High Court was quite justified in upholding the conviction of the appellant; as such, no ground for interference is made out.
4. The criminal appeal, accordingly, fails and the same is dismissed.
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