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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S. MUDAGAL, VENKATESH NAIK T.
Satisha, S/o. Late Javaregowda – Appellant
Versus
State Of Karnataka, by K.R. Pet Rural Police Station, Rep. By Its Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. conviction basis and trial background. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments against prosecution's evidence. (Para 7 , 9 , 10) |
| 3. key facts of marriage and background. (Para 11 , 12 , 13) |
| 4. details of prosecution's arguments. (Para 14 , 15 , 16) |
| 5. judicial scrutiny of the dying declaration. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
K.S. MUDAGAL, J.
Challenging the judgment and order of conviction and sentence, the accused in S.C.No.5014/2017 on the file of the III Additional District and Sessions Judge, Mandya (Sitting at Srirangapattana) has preferred this appeal.
2. By the impugned judgment and order, the Trial Court has convicted the accused for the offence punishable under Section 302 of IPC and sentenced him to imprisonment for life and fine of Rs.1,000/- and in default to pay the fine amount, to undergo simple imprisonment for three months.
3. The appellant was the sole accused in S.C.No.5014/2017. For the purpose of convenience, the parties are referred to henceforth as per their ranks before the Trial Court.
4. The charge against the accused was that he was addicted to alcohol and was quarrelling with his wife/Ren
Reliance on dying declaration requires corroboration; mere circumstantial evidence is insufficient for conviction without proof beyond reasonable doubt.
Dying declarations, if consistent and credible, can support a conviction without corroboration, as established by the court.
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....
A conviction based on circumstantial evidence must establish clear links and prove guilt beyond a reasonable doubt; the reliability of dying declarations is paramount.
Dying declarations can serve as sole basis for conviction if deemed reliable, conscious, and voluntary.
Murder – Factor which distinguishes culpable homicide from murder is presence of special mens rea which consists of mental attitudes indicated in Section 300 IPC and unless one of it is attributable ....
The admissibility and reliability of dying declarations in establishing guilt in criminal cases.
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