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H. T. NARENDRA PRASAD, RAJENDRA BADAMIKAR
State of Karnataka – Appellant
Versus
Appauua Lakkappa Sanadi – Respondent
JUDGMENT
RAJENDRA BADAMIKAR,J. - These appeals are filed by the State through Yamanakaradi police station challenging the common judgment of acquittal dtd. 20/9/2016 passed in S.C.No.141/2014 and S.C.No.250/2015 on the file of the VI Additional District and Sessions Judge, Belagavi.
2. For the sake of convenience, parties shall be referred with the original ranks occupied by them before the trial court.
3. The brief factual matrix leading to the case are as under:
As per the case of the prosecution, about five years prior to the death, the marriage of the deceased Deepa who is the daughter of C.W.4 and sister of C.Ws.5, 10 and 11 was performed with accused No.1 who is the son of accused Nos.2 and 4 and brother of accused No.3. During the marriage, as per the demand sufficient dowry was paid in cash and kind. After the marriage, the deceased Deepa started to live in the house of the accused and later on accused started to harass the deceased, insisted her to bring gold and money from her parental house and they used to assault her. It is alleged that 2-3 days prior to the date of incident, the accused without any reason in respect of domestic work quarreled with the deceased and hara
The main legal point established in the judgment is the requirement for credible and consistent evidence to prove guilt beyond reasonable doubt in cases of dowry harassment and related offenses.
Dying declarations must be coherent and trustworthy, free from influence to be valid for conviction; inconsistencies lead to benefit of doubt.
Dying declarations must be corroborated by reliable evidence; significant contradictions in witness testimonies undermine their credibility, impacting the validity of the conviction.
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