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C. PRAVEEN KUMAR, VENKATA JYOTHIRMAI PRATAPA
Golla Nuggula Srinivasulu Sreenu, Kurnool Dist. – Appellant
Versus
Inspector Of Police, Banaganapalli, Kurnool Dist. – Respondent
JUDGMENT :
(C. Praveen Kumar, J.)
1. Originally, A-1 to A-3 in Sessions Case No.269 of 2013 on the file of the learned III Additional District and Sessions Judge, Kurnool at Nandyal were tried on two charges. A-1 and A-2 were tried for the offence punishable under Section 302 I.P.C. while A-3 was tried for the offence punishable under Section 302 read with 34 I.P.C.
2. Vide judgment, dated 08.06.2016, the learned Sessions Judge, while acquitting A-2 of the offence punishable under Section 302 I.P.C. and A-3 of the offence punishable under Section 302 read with 34 I.P.C., convicted A-1 of the offence punishable under Section 302 I.P.C., and accordingly, sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs.500/-, in default of payment of fine, to suffer simple imprisonment for a period of one month.
3. The graveman of the charge against the accused is that on 08.05.2012, at about 5.00 a.m., towards Illuru Kothapeta on Banaganapalli-Koilakuntla Road, Banaganapalli Mandal, 2 Kurnool District, the accused is said to have caused the death of one Pogaku Lakshmi Reddy (hereinafter, referred to as “deceased”) by pouring petrol and setting him on fire.
4. The facts in i
Evidentiary reliability of dying declarations affirms conviction; inconsistencies favor acquittal.
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....
Murder – Conviction and sentence cannot be sustained where eye witnesses to occurrence turned hostile and circumstantial witness also did not support prosecution case.
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.
The court established that acts committed in the heat of passion without premeditation constitute culpable homicide not amounting to murder under Section 304 IPC, emphasizing reliance on credible dyi....
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