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P. B. SURESH KUMAR, M. B. SNEHALATHA
Pradeep @ Kannan S/o Balan – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
M.B. SNEHALATHA, J.
1. In these two appeals filed under Section 374(2) of the Code of Criminal Procedure [for brevity ‘Cr.P.C.’] the appellants, who are accused Nos. 1 to 3 in SC No. 1017/2013 on the file of Additional Sessions Court, Irinjalakkuda, assail the impugned judgment whereby they were convicted and sentenced to suffer imprisonment for life and fine for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code [for brevity ‘IPC’].
2. Crl. Appeal No. 127/2017 is the appeal preferred by A1 and A2. Crl. Appeal No. 117/2017 is the appeal by A3. As both these appeals arise from the very same judgment, appeals are disposed of by this common judgment.
3. Prosecution case in brief is as follows:
The burden of proof in establishing the cause of death and the circumstances of the transaction resulting in death lies with the prosecution, and the admissibility of dying declarations is subject to....
Murder – Non-examination of Doctor who conducted autopsy on dead body of deceased and who prepared post-mortem report is not fatal to case of prosecution.
The court relied on oral and documentary evidence to establish the guilt of the accused under Section 302 IPC.
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 can serve as the sole basis for conviction if deemed credible and made in a fit state of mind, as established in this case.
The court affirmed that a dying declaration can serve as the sole basis for conviction if it is credible, voluntary, and made in a fit state of mind.
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.
A dying declaration must be trustworthy and corroborated; significant discrepancies in the statement led to acquittal due to reasonable doubt not established by prosecution.
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