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C. PRAVEEN KUMAR, B. V. L. N. CHAKRAVARTHI
T. M. Elumalai, Chittoor Dist – Appellant
Versus
P. P. , Hyd. – Respondent
JUDGMENT :
1. Sole accused in Sessions Case No.205 of 2011 on the file of the Special Sessions Judge-cum-IV Additional Sessions Judge, Tirupati, is the appellant herein. He was tried for the offences punishable under Section 498-A and 302 of Indian Penal Code, 1860 [for short, “I.P.C.”] for causing the death of his wife by name R. Saranya on 18.01.2011 at 3.00 p.m. at his house in Dharmapuram Village.
2. By its judgment, dated 18.03.2015, the learned Sessions Judge convicted the accused for the offences punishable under Section 498-A and 302 I.P.C. and sentenced him to suffer Rigorous Imprisonment for a period of three (3) years and to pay fine of Rs.1000/- for the offence under Section 498-A I.P.C. and he is further sentenced to undergo Rigorous Imprisonment for Life and to pay fine of Rs.4000/- for the offence under Section 302 I.P.C. In default of payment of above fine amounts, the accused is further sentenced to undergo Rigorous Imprisonment for a period of Six months.
3. The facts, in issue, are as under :-
Dowry death – Conviction upheld - Prosecution succeeded in establishing the guilt of the appellant/accused beyond reasonable doubt and the trial court rightly convicted the appellant.
Dying declarations, if consistent and credible, can support a conviction without corroboration, as established by the court.
Point of law : In the absence of the same, a doubt arises as to whether really P.W.1 is speaking the truth in the Court. It is not a case where P.W.1 was declared hostile having regard to his version....
The court clarified the legal position regarding the admissibility of dying declarations and the interpretation of Explanation II to Section 299 IPC in cases of culpable homicide.
Dying declaration - Corroboration from the oral dying declarations made by the deceased, coupled with the evidence of Doctor.
Merely because, some superficial burn injuries were present on the fingers of the accused, it does not lead to any irresistible conclusion that he made efforts to put off the flames.
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