IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K SURESH REDDY, K SREENIVASA REDDY
Islavat Sakki Naik @ Sakki Naidu – Appellant
Versus
State Of Andhra Pradesh Rep PP – Respondent
JUDGMENT :
K.Suresh Reddy, J.
Sole Accused in Sessions Case No. 103 of 2012 on the file of the Court of Sessions Judge, Mahila Court, Vijayawada, is the appellant in the present Criminal Appeal. He was tried by the learned Sessions Judge under Section 302 IPC.
2. Substance of the charge is that on 07.05.2011 at about 02.30 P.M, the Accused committed murder of one Battula @ Islavat Malleswari (hereinafter referred to as “the deceased”) by pouring kerosene on her and setting fire to her, causing her death, thereby committed offence punishable under Section 302 IPC.
3. After completion of trial, the learned Sessions Judge, convicted the appellant/Accused under Section 302 IPC and sentenced him to suffer imprisonment for "LIFE" and also to pay a fine of Rs. 25,000/- , in default to suffer imprisonment for a period of three (03) months.
4. Case of the prosecution, as per the evidence of prosecution witnesses, is as follows:-
The accused is a resident of Vambay colony, Singh Nagar, Vijayawada. The deceased is a resident of New Raja Rajeswari pet, Vijayawada. Pws-1 to 3 are the neighbours of the deceased. Pw-4 is the niece of the deceased. Pw-5 is the father of the deceased. Pw-6 is the brother
Inconsistent dying declarations cannot support a conviction for murder under IPC Section 302.
The court affirmed that corroborated dying declarations are reliable for establishing guilt in homicide cases, especially when the accused fails to provide a plausible explanation under Section 106 o....
Dying declarations must be consistent and corroborated by independent evidence; inconsistencies can lead to reasonable doubt and acquittal.
The court established that actions leading to death can be classified as culpable homicide not amounting to murder based on the circumstances and intent.
Dying declarations, if consistent and credible, can support a conviction without corroboration, as established by the court.
The court established that inconsistencies in witness testimonies and dying declarations can lead to reasonable doubt, necessitating the acquittal of the accused.
The court determined that the accused's actions constituted culpable homicide not amounting to murder, based on the nature of injuries and intent, leading to a conviction under Section 304 Part-II IP....
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in dying declarations led to acquittal for murder while confirming conviction for cruelty.
The court affirmed the conviction for murder and destruction of evidence, emphasizing the accused's failure to provide a reasonable explanation for the death of his wife.
Reliability of dying declarations is crucial for conviction under IPC Section 304(ii); conviction upheld as statements were consistent and trustworthy.
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