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A. V. SESHA SAI, DUPPALA VENKATA RAMANA
Pilla Rama Rao, S/o. Butchimnnaidu – Appellant
Versus
State of A. P. , Rep. BY P. P. , HYD Rep. by its Public Prosecutor – Respondent
JUDGMENT :
A.V. Sesha Sai, J.
Accused Nos.1, 2 and 4 in S.C.No.70 of 2012 on the file of the Court of the learned I Additional Sessions Judge, Vizianagaram are the appellants in the present Criminal Appeal, preferred under Section 374 (2) of the Code of Criminal Procedure.
2. By way of the judgment, dated 03.06.2014, the learned Additional Sessions Judge convicted A1, A2 and A4-appellants herein for the offence punishable under Section 302 r/w 34 IPC and sentenced them to suffer imprisonment for life. This appeal calls in question the said judgment, dated 03.06.2014.
3. Briefly stated the case of the prosecution, as per the charge sheet, is as follows:
The marriage between the deceased-Smt.Lalitha and the accused took place nine years prior to the date of offence and they begot a daughter and a son out of their wedlock. At the time of marriage, P.Ws.1 and 2 gave cash of Rs.60,000/-and 3 Tulas of Gold ornaments to A1 towards dowry. A1 is a man of suspicious nature and he used to torture the deceased to bring money from her parents. A1 sent the deceased and two children to the house of P.Ws.1 and 2 about eight months prior to the death when his demands remained unfulfilled. A panchayat wa
The central legal point established in the judgment is the need for caution in relying on dying declarations, the importance of corroborative evidence, and the entitlement of the accused to the benef....
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
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.
Dying declarations can be the sole basis for conviction if found to be voluntary and credible, regardless of minor inconsistencies.
The evidentiary value of a dying declaration is undermined by doubts regarding the deceased's mental state and reliability during its recording, rendering conviction unsafe without corroborative evid....
Dying declarations can serve as the sole basis for conviction if they are consistent and credible; however, inconsistencies and lack of corroborative evidence can lead to reasonable doubt and acquitt....
The admissibility of dying declarations without a certification of the victim's mental state and the reliance on circumstantial evidence in establishing guilt.
The voluntary and truthful nature of dying declaration and the competency of a child witness to depose are crucial in establishing guilt and determining the appropriate criminal offense.
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
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