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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH, VENKATESH NAIK T
Somashekhar @ Soma @ Appi, S/o. Late Muniraju – Appellant
Versus
State Of Karnataka, By Electronic City Police, Represented By Special Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. conviction basis on facts and evidence (Para 1 , 2 , 3 , 4) |
| 2. arguments challenging conviction validity (Para 6 , 7 , 8) |
| 3. court's analysis of evidence and inconsistencies (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
JUDGMENT :
VENKATESH NAIK T., J.
The appellant/accused has preferred this appeal challenging the judgment of conviction dated 27-8-2018 and the order of sentence dated 31-8-2018 in Sessions Case No.137 of 2014 on the file of the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, 'IPC').
2. For the sake of convenience, the parties herein are referred to as per their ranks before the trial Court. The appellant is the accused and the respondent is the complainant-State before the trial Court.
3. The brief facts of the prosecution case is that, the accused had illicit relationship with one Savitha (hereinafter referred to in as 'deceased') for about one and half-a-year prior to her death. The father and the mother of the accused came to know about their relationship
A conviction based on circumstantial evidence must establish clear links and prove guilt beyond a reasonable doubt; the reliability of dying declarations is paramount.
A dying declaration can support a murder conviction if recorded properly and inspires confidence, irrespective of corroboration, considering the surrounding circumstances.
Reliance on dying declaration requires corroboration; mere circumstantial evidence is insufficient for conviction without proof beyond reasonable doubt.
The voluntary and truthful nature of dying declaration and the competency of a child witness to depose are crucial in establishing guilt and determining the appropriate criminal offense.
The court clarified the legal position regarding the admissibility of dying declarations and the interpretation of Explanation II to Section 299 IPC in cases of culpable homicide.
Dying declarations, if consistent and credible, can support a conviction without corroboration, as established by the court.
Dying declarations can serve as the sole basis for conviction if they are consistent and credible; however, inconsistencies and lack of corroborative evidence can lead to reasonable doubt and acquitt....
The court ruled that inconsistencies in dying declarations and inadequate evidence undermine a murder conviction, emphasizing the need for reliable corroboration.
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