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AHSANUDDIN AMANULLAH, K. VINOD CHANDRAN
Kiran – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT :
K. VINOD CHANDRAN, J.
1. Leave granted.
2. A widow, with five children was torched to death, for not having responded to the lustful advances of the accused, a relative by marriage.
3. This Court had issued notice on 08.11.2024, limited to the question as to whether the trial court was correct in imposing life imprisonment meaning that it will be till the end of his natural life and directing the accused to be not granted the benefit of remission under Section 428 of the Code of Criminal Procedure, 1973.1 [for short the Cr.P.C.]
4. Despite the limited notice, we have gone through the evidence to convince ourselves on the conviction, especially since the witnesses, including the daughter of the deceased, an eyewitness turned hostile. The crime was committed on 01.01.2014 at 11:30 pm when the accused was alleged to have entered the shanty in which the deceased was living with her daughters. The woman having not succumbed to the sexual advances made, which had been continuing for some time earlier, the accused poured kerosene over her and set her ablaze. The woman was rushed to the hospital, taken to a higher center but later, after ten days, she succumbed to death. That the dea
Life imprisonment till end of natural life – Power to grant remission and commutation under Sections 432 to 435 Cr.P.C. cannot be curtailed by Sessions Court – Power of alternate sentencing to cover ....
Quantum of sentence – There can be no straitjacket formulae – A delicate balance has to be struck – Fundamental underpinning is principle of proportionality.
Point of Law : Crime is a pathological aberration. The criminal can ordinarily be redeemed and the state has to rehabilitate rather than avenge. The sub-culture that leads to ante-social behaviour ha....
Dying declarations may serve as the sole basis for conviction if deemed voluntary, consistent, and credible; inconsistencies must be assessed in light of surrounding facts.
Point of law : Section 28 of the Criminal Procedure Code empowers the Court to impose sentence authorised by law.
The court upheld the conviction based on credible dying declaration and corroborative evidence, affirming the accused's guilt in the murder case.
Court emphasized that a magistrate's dying declaration carries significant weight over oral declarations, affecting conviction in murder cases.
Dying declarations can be the sole basis for conviction if found to be voluntary and credible, regardless of minor inconsistencies.
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