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C. PRAVEEN KUMAR, B. V. L. N. CHAKRAVARTHI
State of A. P. , Rep. by P. P. , Hyderabad – Appellant
Versus
Repalli Buchanna – Respondent
JUDGMENT :
C. Praveen Kumar, J.
Accused 1 to 3 in Sessions Case No.542 of 2008 on the file of the Special Judge for Trial of Cases under SCs & STs (POA) Act-cum-VI Additional District & Sessions Judge, Kurnool, were tried for the offences punishable under Section 498-A, 302 r/w. Section 34 of Indian Penal Code, 1860 [for short, ‘I.P.C.”].
2. By its judgment, dated 19.01.2011, the learned Sessions Judge acquitted all the accused for the charges levelled against them. Challenging the same, the present appeal came to be filed by the appellant/State.
3. The substance of the Charge against the accused is that all the accused together subjected the deceased cruelty and thereafter A.1 and A.2 caused the death by pouring kerosene and litting her on fire and that A.3 was present along with A.1 and A.2.
4. The case of the prosecution, as seen from the evidence on record, is as under:-
(a) The deceased is the wife of A.3 and daughter of P.W.2. A.1 and A.2 are parents of A.3. The marriage between the accused and the deceased took place about a year prior to the incident. After the marriage, she joined A.3 and started living with him. On 12.05.2008 at about 10.30 a.m. while P.W.1-Head Constable was p
Where there are more than one statement in the nature of dying declaration, one first in point of time must be preferred. Of course, if the plurality of dying declaration could be held to be trustwor....
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 presumption of innocence is reinforced by an acquittal, and the prosecution must provide compelling evidence to prove guilt beyond reasonable doubt, especially in cases involving conflicting dyin....
Convictions based primarily on dying declarations are deemed unsafe without corroborative evidence, especially where doubts about the reliability of such statements exist.
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