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HIGH COURT OF ANDHRA PRADESH
SRI JUSTICE K SURESH REDDY, SRI JUSTICE T.C.D.SEKHAR, JJ
K. Vardan, S/o. Kannapan – Appellant
Versus
State Of AP., represented by the Public Prosecutor, High Court of Judicature at Hyderabad – Respondent
JUDGMENT :
(K.Suresh Reddy, J.)
Sole accused in Sessions Case No. 305 of 2015 on the file of the Court of learned V Additional District and Sessions Judge, Tirupati (for short, 'the trial Court'), is the appellant in the present criminal appeal before this Court. He was tried by the trial Court under the following three charges :
I charge was under Section 498-A IPC;
II charge was under Section 302 IPC; and
III charge was under Section 201 IPC
2. Substance of the charges is that the accused used to harass and ill-treat his wife by name Smt. V.Deepa (hereinafter referred to as 'the deceased') by demanding her to get additional dowry from her parents and on 27-07-2014 at about 2.30 p.m., the accused quarrelled with the deceased, beat her with hands, put a towel on her mouth and nose forcibly and pressed her nose and mouth and he tied the same towel around her neck, pulled forcibly and caused her death and in the same process, he poured kerosene on the body and set fire with a matchstick to screen away the evidence, thereby committed offences punishable under Sections 498-A, 302 and 201 IPC.
3. After completion of trial, the trial Court by judgment dated 06-02-2017 convicted the appellant-ac
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.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in dying declarations led to acquittal for murder while confirming conviction for cruelty.
The court reinforced the principle that when a death occurs in a domestic setting, the burden of explanation lies on the accused, particularly under Section 106 of the Indian Evidence Act.
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 court established that actions leading to death can be classified as culpable homicide not amounting to murder based on the circumstances and intent.
The court established that inconsistencies in witness testimonies and dying declarations can lead to reasonable doubt, necessitating the acquittal of the accused.
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 judgment establishes that child witness testimony, if credible and corroborated, can be sufficient for conviction, alongside the admissibility of extra-judicial confessions.
The court established that credible child witness testimony, when corroborated, can support a conviction, alongside the admissibility of extra judicial confessions.
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