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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K.Suresh Reddy, B.V.L.N.Chakravarthi
Shaik Jalaluddin – Appellant
Versus
State of AP Rep PP – Respondent
| Table of Content |
|---|
| 1. factual background of marriage and abuse. (Para 3) |
| 2. incident details indicating alleged offense. (Para 11 , 12) |
| 3. evaluation of dying declarations' credibility. (Para 14 , 15 , 16) |
| 4. determining degree of culpability. (Para 18) |
| 5. final conviction of the appellant. (Para 19) |
JUDGMENT:
B.V.L.N.Chakravarthi, J.
1. Heard Sri G.Vijaya Saradhi, learned counsel for the appellant/accused No.1 and Sri S.Dushyanth Reddy, learned Addl.Public Prosecutor for respondent/State.
2. The appeal is filed by the appellant/accused No.1 aggrieved by the judgment dated 01.02.2016 passed in S.C.196/2010 on the file of the learned IV Addl.District & Sessions Judge, Nellore, SPSR Nellore District.
3. The facts as culled out from the evidence of prosecution witnesses are as under:
(i) The appellant/accused No.1 and Smt.Sk.Shakira (hereinafter referred to as ‘deceased’) are husband and wife; their marriage was solemnized on 17.05.1998; out of their wedlock, they blessed with one son and one daughter; the appellant/A-1 went to Saudi Arabia; he returned to India two years prior to the date of offence; Smt.Sk.Julekabee (A-2) is the mother of A-1; Smt.SyedBibijan (A-3) is the sister of A-2; A-2 and
The court established that acts committed in the heat of passion without premeditation constitute culpable homicide not amounting to murder under Section 304 IPC, emphasizing reliance on credible dyi....
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
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....
The reliability and relevance of dying declarations, the presumption under Section 113(A) of the Indian Evidence Act, and the need for corroboration in the presence of inconsistencies.
Evidentiary reliability of dying declarations affirms conviction; inconsistencies favor acquittal.
Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.
A conviction based on inconsistent dying declarations is unsafe without corroborative evidence; discrepancies create reasonable doubt undermining the prosecution's case.
The central legal point established in the judgment is the need for caution in relying on dying declarations, the importance of corroborative evidence, and the entitlement of the accused to the benef....
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