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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.Sujatha, K Suresh Reddy
Banjaru Vamshi Krishna @ Mangali Vamsi, Kurool Dt. – Appellant
Versus
State Of Andhra Pradesh Rep Pp – Respondent
JUDGMENT :
V. Sujatha, J.
Accused No.1 in S.C.No.151 of 2015 on the file of Court of learned I Additional Sessions Judge, Kurnool, is the appellant. He along with A2 were tried by the learned Additional Sessions Judge under two charges.
The first charge was under Section 302 IPC against A1.
The second charge was under Section 323 IPC against A2 for causing injuries to P.W.2.
2. Substance of the charge is that on 16.01.2014 at about 09.30 p.m., the appellant poured diesel on Mangali Nallagatla Ram Pullaiah (hereinafter referred to as the deceased) and set fire to him causing his death and in the same process, A2 beat P.W.2 with hands and legs, thereby committed offences punishable under Sections 302 and 323 IPC .
(a) After completion of trial, the learned Additional Sessions Judge convicted A1 under Section 302 IPC and sentenced him to suffer imprisonment for Life and also to pay a fine of Rs.2,000/-, in default to suffer simple imprisonment for a period of 3 months. The learned Additional Sessions Judge acquitted A2 under Section 323 IPC .
3. Case of the prosecution, briefly is as follows:
(i) Both the accused are residents of Bethamcherla town. The material prosecution witnesses also are
The court upheld the conviction for murder based on credible dying declarations, emphasizing that minor inconsistencies do not undermine their reliability.
A conviction based on inconsistent dying declarations is unsafe without corroborative evidence; discrepancies create reasonable doubt undermining the prosecution's case.
Dying declaration – In cases where Court finds that there exist more than one dying declarations, each one of them must be examined with care and caution and only after satisfying itself as to which ....
In cases of multiple dying declarations, inconsistencies necessitate corroboration for conviction; the earliest declaration indicating self-immolation was preferred, creating reasonable doubt about t....
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....
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
(1) Merely because there are two/multiple dying declarations, all dying declarations are not to be rejected.(2) There is neither a rule of law nor of prudence to the effect that a dying declaration c....
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