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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K.SURESH REDDY, A.HARI HARANADHA SARMA
Pathan Mohammed Khan – Appellant
Versus
State Of A P, rep by its PP – Respondent
| Table of Content |
|---|
| 1. accused convicted for wife's murder by arson. (Para 1 , 2 , 3) |
| 2. prosecution outlines case evidence and chronology. (Para 4 , 5 , 6) |
| 3. defense argues against reliability of key witnesses. (Para 7 , 8) |
| 4. court evaluates evidence, hears arguments. (Para 9 , 10 , 11 , 12 , 13) |
| 5. admission of dying declarations crucial for conviction. (Para 14 , 15 , 16 , 17 , 18) |
| 6. conviction upheld; appeal dismissed. (Para 19) |
| 7. order confirming appeal dismissal and sentence. (Para 20) |
JUDGMENT :
K.Suresh Reddy, J.
Sole accused in Sessions Case No.141 of 2017 on the file of the Court of the learned XIII Additional District & Sessions Judge, Narasaraopet, is the appellant. He was tried and convicted by the learned XIII Additional District & Sessions Judge, Narasaraopet, under Section 302 IPC and sentenced to suffer imprisonment for “Life” and also to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for three (03) months.
2. Substance of the charge is that on 02.09.2016, at about 1:00 p.m., the accused, suspecting the fidelity of his wife, by name Shaik Bajibee @ Pathan Baji (hereinafter referred to as 'the deceased'), picked up a quarrel with her and, in the course o
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....
Inconsistent dying declarations cannot support a conviction for murder under IPC Section 302.
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 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 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....
Dying declarations, if consistent and credible, can support a conviction without corroboration, as established by the court.
The prosecution must prove guilt beyond reasonable doubt; inconsistencies in dying declarations led to acquittal for murder while confirming conviction for cruelty.
The court established that inconsistencies in witness testimonies and dying declarations can lead to reasonable doubt, necessitating the acquittal of the accused.
Dying declarations must be consistent and corroborated by independent evidence; inconsistencies can lead to reasonable doubt and acquittal.
Reliability of dying declarations is crucial for conviction under IPC Section 304(ii); conviction upheld as statements were consistent and trustworthy.
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