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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. Sreenivasa Reddy
Shaik Madar Miah – Appellant
Versus
State of AP., Rep. by its Public Prosecutor – Respondent
JUDGMENT :
K. SREENIVASA REDDY, J.
Sole accused in Sessions Case No.589 of 2007 on the file of the learned I Additional Sessions Judge, Kurnool is the appellant in the present Criminal Appeal.
2. The appellant/Accused was tried by the learned Additional Sessions Judge for the offence punishable under Section 302 IPC.
3. Substance of the charge against the accused is that, on 13th May, 2007, at about 02.00 pm, at his house situated at Nandikotkur village, he caused the death of his wife namely Shaik Sadik Bee (hereinafter referred to as 'the deceased') by pouring kerosene on her and setting fire to her with match sticks, thereby committed the offence punishable under Section 302 IPC.
4. After completion of trial, learned Additional Sessions Judge convicted the accused of the offence punishable under Section 304-Part I IPC, instead of convicting him under Section 302 IPC, and sentenced him to undergo Rigorous Imprisonment for a period of ten (10) years and also to pay fine of Rs.500/- (Rupees Five Hundred only), in default to undergo Simple Imprisonment for a period of three (3) months.
5. Case of the prosecution, briefly, is as follows.
i) The deceased was a native of Alampur and she was g
Dying declarations must be consistent and corroborated by independent evidence; inconsistencies can lead to reasonable doubt and acquittal.
Dying declarations, if consistent and credible, can support a conviction without corroboration, as established by the court.
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....
Courts may rely on dying declarations for conviction if they are consistent and reliable; contradictions undermine their credibility, leading to acquittal.
Inconsistent dying declarations cannot support a conviction for murder under IPC Section 302.
Dying declaration – In cases where dying declaration is suspicious, it is not safe to convict accused in absence of corroborative evidence.
The court upheld the conviction for murder based on credible dying declarations, emphasizing that minor inconsistencies do not undermine their reliability.
Dying declarations can serve as the sole basis for conviction if found trustworthy; the accused must explain circumstances leading to the victim's death.
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