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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M G UMA, J
J.K. Manjunatha, S/O Ramashetty – Appellant
Versus
State Of Karnataka By Balehonnur Police Station – Respondent
JUDGMENT :
M G Uma, J.
The appellant being the accused in S.C.No. 110 of 2009 on the file of the learned I Additional Sessions Judge, Chikmagalur, is impugning the judgment of conviction and order of sentence dated 16.08.2013, convicting the accused for the offence punishable under Section 498-A and 306 of INDIAN PENAL CODE (for short, 'IPC'), and sentencing him to undergo simple imprisonment for 2 years and to pay fine of Rs.5,000/, and sentenced him to undergo simple imprisonment for a period of 3 years and to pay fine of Rs.10,000/- for the offences punishable under Sections 498-A and 306 of IPC, with default sentences.
2. Brief facts of the case are that, the accused had married the deceased Gayathri about 2 years earlier to the incident i.e. during 2007. It is the contention of the prosecution that the accused being the husband, used to suspect the fidelity of his wife-the deceased-Gayathri, pick up quarrel with her and treated her with cruelty. Not being able to face the cruelty, the deceased poured kerosene and set fire, as a result of which she sustained burn injuries. Initially she was taken to District Hospital, Chikmagalur, later she was shifted to Father Muller's Hospital,
A dying declaration must be credible and corroborated; otherwise, the accused cannot be convicted without evidence proving guilt beyond reasonable doubt.
Point of Law : Power of an Appellate Court to review evidence in appeals against acquittal is as extensive as its powers in appeals against convictions, but that power is with a note of caution that ....
The court upheld the principle that an accused is presumed innocent until proven guilty, emphasizing the need for compelling reasons to overturn an acquittal based on insufficient evidence.
Point of Law : Section 3 of the Indian Evidence Act, 1872, wherein the word "Proved" is defined --A fact is said to be proved when, after considering the matters before it, the Court either believes ....
The prosecution must prove the accused's guilt beyond reasonable doubt, which was not established due to inconsistencies in evidence.
Dying declarations can serve as the sole basis for conviction if found trustworthy; the accused must explain circumstances leading to the victim's death.
A dying declaration can serve as the sole basis for conviction and does not require corroboration or a doctor's certification of the declarant's mental state if it inspires confidence in the court.
Cruelty and murder of wife – Daughter would not falsely depose against her father.
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