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K. SURESH REDDY, K. SREENIVASA REDDY
Vodde Narayanappa, Anantapur Dst. – Appellant
Versus
State of AP Rep PP – Respondent
JUDGMENT :
(Per the Hon’ble Sri Justice K.Sreenivasa Reddy)
Sole accused in Sessions Case No.23 of 2016 on the file of the Additional Sessions Judge, Hindupur is the appellant herein.
2. Vide judgment dated 27.07.2016 in the aforesaid Sessions Case, the appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, “IPC”) and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.5,000/- in default to suffer simple imprisonment for a period of two years.
3. The substance of charge as against the accused is that the accused, being husband of one Sunanda (hereinafter referred to, as “the deceased”), having addicted to drinking alcohol and developed illicit intimacy with another lady, on 25.10.2013 at about 8.30 PM came to his house in intoxicated state, picked up quarrel with her, became wild, poured kerosene on her and set her ablaze, and subsequently she died while undergoing treatment and thereby he committed an offence punishable under Section 302 IPC.
4. Case of the prosecution, in brief, is that the accused, the deceased and the material prosecution witnesses are residents of Somandepalli village. P.W.1 is junior p
Dying declarations, if consistent and credible, can support a conviction without corroboration, as established by the court.
Reliance on dying declaration requires corroboration; mere circumstantial evidence is insufficient for conviction without proof beyond reasonable doubt.
The court clarified the legal position regarding the admissibility of dying declarations and the interpretation of Explanation II to Section 299 IPC in cases of culpable homicide.
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....
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.
The admissibility and reliability of dying declarations, the influence of intoxication on criminal actions, and the requirement of evidence for specific charges.
A conviction based on circumstantial evidence must establish clear links and prove guilt beyond a reasonable doubt; the reliability of dying declarations is paramount.
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.
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....
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