K. SURESH REDDY, K. SREENIVASA REDDY
Ranganath, Anantapur Dt & 3 – Appellant
Versus
State Of Ap Rep Pp – Respondent
JUDGMENT :
(Per Hon’ble Sri Justice K.Suresh Reddy)
All the four appellants/Accused in Sessions Case No.306 of 2015 on the file of the Court of Additional Sessions Judge, Hindupur, Ananthapur District, have filed the present Criminal Appeal. They were tried and convicted by the learned Additional Sessions Judge under Section 302 read with 34 IPC and they were sentenced to suffer Rigorous Imprisonment for “LIFE” each and also to pay a fine of Rs.1,000/- each in default to suffer Simple Imprisonment for a period of six (06) months. The total fine amount of Rs.4,000/- was directed to be paid to Pw-1 after the Appeal time is over.
2. Substance of the charge is that on 04.02.2024 at about 12.00 Noon, Accused Nos.1 to 4 with a common intention picked up a quarrel with one Smt. Harijana Lakshmakka (hereinafter referred to as “the deceased”) caught hold of her tuft, dragged her and beat her with hands and legs and in the same process Accused No.2 poured kerosene on her and Accused No.1 set her to fire with a match stick causing her death, thereby committed offence punishable under Section 302 read with 34 IPC.
3. Case of the prosecution, as per the evidence of prosecution witnesses is as follo
The court established that inconsistencies in witness testimonies and dying declarations can lead to reasonable doubt, necessitating the acquittal of the accused.
Point of law: Statement given by the deceased in her dying declaration reveals that the appellant was in a fully drunken stage on the night when the incident took place.
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.
Dying declarations, if consistent and credible, can support a conviction without corroboration, as established by the court.
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....
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in dying declarations led to acquittal for murder while confirming conviction for cruelty.
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 must be consistent and corroborated by independent evidence; inconsistencies can lead to reasonable doubt and acquittal.
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